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.

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.

This book explores the democratic underpinning of electoral systems and their evolution, as well as the methodological choices that constitutional judges are confronted with when managing electoral legislation. It presents a review of the case law in 13 legal systems, across North and South America, Africa, Asia, and Europe, identifying the underlying concept of democracy which courts seek to advance. The authors critically discuss the ideas of democracy that can be detected in each jurisdiction, their drivers, including the use of constitutional borrowing, and the effects of the judgments on the relationship between courts, representative institutions, and voters. The book looks in detail at judicial scrutiny and asks: - On what premises is judicial scrutiny grounded? - Why is there an increasing global trend towards judicial scrutiny? - What are the consequences for representative democracy? Until now, scholars have focused their attention on a few countries and on selected judgments, such as the US Supreme Court’s landmark decision in Citizens United v FEC. This book offers a comparative reading of the issue by analysing how the circulation of models and arguments between judges has triggered the progressive overcoming of a traditionally deferent approach towards electoral norms, which still survives in a few jurisdictions.