Bücher der Reihe Routledge Research in 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.

This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

This book features essays on Jeremy Bentham¿s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence. Gathering together an impressive array of legal scholars from around the world the book offers a chance to reassess Bentham¿s theories of law as well as his impact on jurisprudence. This volume offers a thorough guide to reading Bentham¿s legal theory giving a detailed account of Bentham¿s major contributions to the most important contemporary debates in jurisprudence.

This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.