The It Revolution And Its Impact On State Constitutionalism And Public Law

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What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?

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Genre : Law
Author : Martin Belov
Publisher : Bloomsbury Publishing
Release : 2021-02-25
File : 343 Pages
ISBN-13 : 9781509940899


Peace Discontent And Constitutional Law

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This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

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Genre : Law
Author : Martin Belov
Publisher : Routledge
Release : 2021-05-24
File : 281 Pages
ISBN-13 : 9781000385335


Constitutional Semiotics

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This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

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Genre : Law
Author : Martin Belov
Publisher : Bloomsbury Publishing
Release : 2022-06-30
File : 361 Pages
ISBN-13 : 9781509931415


Digital Finance And The Future Of The Global Financial System

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This book offers an in-depth analysis of the most salient features of contemporary financial systems and clarifies the major strategic issues facing the development of digital finance. It provides insight into how the digital finance system actually works in a socioeconomic context. It presents three key messages: that digital transformation will change the financial system entirely, that the State has a particularly important role to play in the whole process and that consumers will be offered more opportunities and freedom but simultaneously will be exposed to more risk and challenges. The book is divided into four parts. It begins by laying down the fundamentals of the subsequent analysis and offers a deep understanding of digital finance, including a topology of the key technologies applied in the transformation process. The next part reviews the challenges facing the digital State in the new reality, the digitalization of public finance and the development of digitally relevant taxation systems. In the third part, digital consumer aspects are discussed. The final part examines the risks and challenges of digital finance. The authors focus their attention on three key developments in financial markets: accelerated growth in terms of the importance of algorithms, replacing existing legal regulations; the expansion of cyber risk and its growing impact and finally the emergence of new dimensions of systemic risk as a side effect of financial digitalization. The authors supplement the analysis with a discussion of how these new risks and challenges are monitored and mitigated by financial supervision. The book is a useful, accessible guide to students and researchers of finance, finance and technology, regulations and compliance in finance.

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Genre : Business & Economics
Author : Lech Gąsiorkiewicz
Publisher : Taylor & Francis
Release : 2022-08-25
File : 195 Pages
ISBN-13 : 9781000630282


Artificial Intelligence And Human Rights

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The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape. Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed. Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.

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Genre : Law
Author : Temperman
Publisher : Oxford University Press
Release : 2023-09
File : 689 Pages
ISBN-13 : 9780192882486


The It Revolution And Its Impact On State Constitutionalism And Public Law

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"What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?"--

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Genre : Constitutional law
Author : Martin Belov
Publisher : Hart Publishing
Release : 2020
File : 416 Pages
ISBN-13 : 1509940901


Feminist Perspectives On Public Law

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Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

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Genre : Law
Author : Susan Millns
Publisher : Routledge
Release : 2013-03-04
File : 325 Pages
ISBN-13 : 9781135345549


Routledge Handbook Of Constitutional Law

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The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

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Genre : Law
Author : Mark Tushnet
Publisher : Routledge
Release : 2013-06-26
File : 529 Pages
ISBN-13 : 9781135100193


Revolutionary Constitutionalism

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This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.

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Genre : Law
Author : Richard Albert
Publisher : Bloomsbury Publishing
Release : 2020-04-02
File : 433 Pages
ISBN-13 : 9781509934591


The Constitutional Protection Of Capitalism

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In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.

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Genre : Law
Author : Danny Nicol
Publisher : Bloomsbury Publishing
Release : 2010-01-29
File : 220 Pages
ISBN-13 : 9781847315595