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Cambridge University Press
Online publication date:
November 2021
Print publication year:
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Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0

Book description

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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Full book PDF
  • Constitutional Challenges in the Algorithmic Society
    pp i-ii
  • Constitutional Challenges in the Algorithmic Society - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Figures
    pp vii-vii
  • Contributors
    pp viii-ix
  • Acknowledgements
    pp x-x
  • Introduction
    pp 1-2
  • 1 - Constitutional Law in the Algorithmic Society
    pp 3-24
  • Part I - Algorithms, Freedom, and Fundamental Rights
    pp 25-128
  • 2 - Fundamental Rights and the Rule of Law in the Algorithmic Society
    pp 27-41
  • 5 - Algorithmic Law: Law Production by Data or Data Production by Law?
    pp 78-92
  • 6 - Human Rights and Algorithmic Impact Assessment for Predictive Policing
    pp 93-110
  • Part II - Regulation and Policy
    pp 129-260
  • 8 - Algorithms and Regulation
    pp 131-181
  • Part III - Roles and Responsibilities of Private Actors
    pp 261-262
  • 14 - Consumer Law as a Tool to Regulate Artificial Intelligence
    pp 281-297
  • 16 - Smart Contracts and Automation of Private Relationships
    pp 315-330


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