Oreste Pollicino (Bocconi University) has published a book titled Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism? with Hart Publishing. The book features a foreword by Robert Spano, President of the European Court of Human Rights.
Here is the abstract of the book:
‘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.’
