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This important and topical book provides a comprehensive overview
of the challenges raised by blockchain from the perspective of
public law. It considers the ways in which traditional categories
of public law such as sovereignty, citizenship and territory are
shaped, as well as the impact of blockchain technology on
fundamental rights and democratic values. Articulated in two
sections, the first analyses the opportunities and the challenges
that blockchain and distributed ledger technologies raise in the
field of public and constitutional law, while the second highlights
challenges derived from the intersection between blockchain and
other legal fields such as contract law, financial law and
antitrust law. A wide variety of expert contributions offer further
examinations of the constitutional challenges of blockchain
technologies that provide regulatory options for governments and
lawmakers. Blockchain and Public Law will be a critical point of
reference for scholars and students of legal theory, public policy
and governmental law. It will also be beneficial to legal
practitioners and lawmakers to further develop their knowledge of
the field of blockchain at national and international levels.
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.
New technologies have always challenged the social, economic,
legal, and ideological status quo. Constitutional law is no less
impacted by such technologically driven transformations, as the
state must formulate a legal response to new technologies and their
market applications, as well as the state's own use of new
technology. In particular, the development of data collection, data
mining, and algorithmic analysis by public and private actors
present unique challenges to public law at the doctrinal as well as
the theoretical level. This collection, aimed at legal scholars and
practitioners, describes the constitutional challenges created by
the algorithmic society. It offers an important synthesis of the
state of play in law and technology studies, addressing the
challenges for fundamental rights and democracy, the role of policy
and regulation, and the responsibilities of private actors. This
title is also available as Open Access on Cambridge Core.
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