Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism?

This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. It aims to bridge the gap between Internet Law and European and Constitutional Law and addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration.

Format: Paperback / softback
Length: 320 pages
Publication date: 17 November 2022
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into the profound impact of the internet on the protection of fundamental rights, particularly in the realms of freedom of speech and privacy. In pursuit of this objective, it strives to establish a bridge between Internet Law and European and Constitutional Law, fostering a deeper understanding of the complex interplay between these legal frameworks. The central aim of the book is to challenge the dominant discourse in internet law and jurisprudence, with a specific focus on European legal regimes. By incorporating a European and constitutional "soul" into the discussion, the book seeks to enrich the theoretical and practical aspects of the field. Moreover, it explores the intricate relationship between new technologies and the safeguarding of fundamental rights within the broader context of European integration, emphasizing the role of judicial dialogue. This innovative work offers a thorough examination of the various forms, models, and styles of judicial protection of fundamental rights in the digital era. It compares the European vision to that of the United States, providing a valuable comparative analysis. Furthermore, the book employs the notion of (judicial) frame, borrowed from linguistic and cognitive studies, to systematically analyze the theories of interpretation and argumentation. This approach adds a novel dimension to the study, offering insights into the ways in which legal decisions are shaped by cultural, social, and cognitive factors. The book is preceded by a Foreword by Robert Spano, President of the European Court of Human Rights, which adds further authority and credibility to its insights. Overall, this comprehensive book is a valuable resource for scholars, practitioners, and policymakers alike, as it sheds light on the critical challenges and opportunities posed by the internet in the context of protecting fundamental rights.

Weight: 412g
Dimension: 155 x 235 x 18 (mm)
ISBN-13: 9781509947225