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The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Personal Participation in Criminal Proceedings
This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Enhanced Cooperation and European Tax Law
This book explores how Member States can introduce secondary EU law via the enhanced cooperation mechanism, which is only binding among these Member States. The book also develops a approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation.
Fundamental Rights Protection Online
Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.
Research Handbook on EU Internet Law
The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.
Digital Constitutionalism in Europe
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Transnational Law
This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.
Italian Populism and Constitutional Law
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
The Regulation of Social Media Influencers
In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing.
Current Issues of Comparative Law – Questions actuelles de droit comparé
On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet ...
