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

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Description

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.

Reviews

The book aims to inject a European and constitutional soul into the topic. This requires engaging in the dialogue between national and European courts. However, the book does not stop here. The thorough analysis of the forms, models, and styles of judicial protection of fundamental rights in the digital era also compares the European vision to that of the USA. * Journal of Consumer Policy *
This volume indeed clearly contributes to both EU law scholarship and to constitutional law studies themselves The comparative analyses of the judicial protection of freedom of expression, privacy and data protection are extremely detailed, clear and full encompassing ... Pollicino paves the way to further research on the role of judges in advancing (or hampering) the discourse on digital rights. -- Edoardo Celeste, Dublin City University * European Law Review *
Judicial Protection of Fundamental Rights on the Internet provides a very useful and clear framework for critically reflecting on these issues from a transatlantic perspective. -- Maria Tzanou, Keele University, UK * EU Law Live *
Professor Pollicino is to be congratulated for an insightful and informative book, that advances the foundational debate on the judicial protection of fundamental rights in a world increasingly digital and online. Anyone interested in the interplay between digital technologies, human rights, and the development of a fair information society should not miss it. * Luciano Floridi, Professor of Philosophy and Ethics of Information, University of Oxford, UK *
This is a landmark work on the law of an increasingly digitalized public sphere and datafied society. Full of subtle and insightful readings of leading decisions of the CJEU, ECtHR, and other important authorities, [the book] exhibits both solid legal analysis and a humane sensibility, cognizant of the extraordinarily difficult articulation of priorities necessary when critical rights and interests collide. * Frank Pasquale, Professor of Law, Brooklyn Law School, USA *
This is a deeply insightful and nuanced book. Oreste Pollicino provides a thorough and critical examination of the ways that courts on both sides of the Atlantic have used their remarkable power to embolden and erode fundamental rights such as privacy and free expression online. Pollicino adeptly reminds us that a true commitment to fundamental rights on the Internet requires ongoing scrutiny of courts themselves. * Woodrow Hartzog, Professor of Law and Computer Science, Northeastern University, USA *

Author Bio

Oreste Pollicino is Professor of Constitutional Law at Bocconi University and Member of the Executive Board, EU Agency for Fundamental Rights, Vienna.