Digital Constitutionalism in Europe

Digital Constitutionalism in Europe

Author: Giovanni De Gregorio

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 383

ISBN-13: 1316512770

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How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.


Judicial Protection of Fundamental Rights on the Internet

Judicial Protection of Fundamental Rights on the Internet

Author: Oreste Pollicino

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 269

ISBN-13: 1509912703

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This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.


European Constitutionalism Beyond the State

European Constitutionalism Beyond the State

Author: J. H. H. Weiler

Publisher: Cambridge University Press

Published: 2003-09-04

Total Pages: 256

ISBN-13: 9780521796712

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Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.


Digital Constitutionalism in Europe

Digital Constitutionalism in Europe

Author: Giovanni De Gregorio

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 383

ISBN-13: 1009080717

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This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.


Digital Constitutionalism

Digital Constitutionalism

Author: Edoardo Celeste

Publisher: Taylor & Francis

Published: 2022-10-13

Total Pages: 256

ISBN-13: 1000685217

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Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.


The Worlds of European Constitutionalism

The Worlds of European Constitutionalism

Author: Gráinne de Búrca

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages:

ISBN-13: 1139501925

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The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.


European Constitutional Language

European Constitutional Language

Author: András Jakab

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 531

ISBN-13: 1107130786

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Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.


The Foundations of the EU as a Polity

The Foundations of the EU as a Polity

Author: Massimo Fichera

Publisher: Edward Elgar Publishing

Published: 2018-08-31

Total Pages: 269

ISBN-13: 1785363905

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In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.


European Constitutionalism

European Constitutionalism

Author: Kaarlo Tuori

Publisher: Cambridge University Press

Published: 2015-07-16

Total Pages: 419

ISBN-13: 1107087090

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This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.


The Fragmented Landscape of Fundamental Rights Protection in Europe

The Fragmented Landscape of Fundamental Rights Protection in Europe

Author: Lorenza Violini

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 249

ISBN-13: 1786436051

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The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work. Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini