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Cambridge Studies in Constitutional Law

constitutional law

5 Constitutional Amendment and Political Constitutionalism

This isn’t any trivial challenge, because the low stage of transparency of automated choice-making processes results in no small half from the problem of the authorized group and laypeople alike to grasp the language and logic of machine studying and algorithmic predictions. The transparency problem is additional accentuated by mental property regimes on the one hand, and by market focus on the opposite. Since information and data are the brand new sources of energy in the algorithmic society, patterns of market consolidation danger generating technological asymmetry which gravitates to a handful of multinational personal players. The state then finds itself in a peculiar place, because it turns into partly depending on the technologies of those gamers while vying for the same place with respect to the info it collects and analyzes, all simultaneously it retains the ability (and legal responsibility) to manage the trade and guarantee the protection of constitutional rights. Therefore, trendy constitutional regulation and constitutional principle are confronted with a novel scenario, which requires going past the classic dilemmas of horizontal versus vertical software of basic rights.

Constitutional Law & Politics from Oxford Journals

Contemporary dialogue has tended to see the growing use of balancing as the manifestation of a globalization of constitutional law. This guide is the first to argue that ‘balancing’ has all the time meant radically different things in different settings. Bomhoff uses detailed case research of early publish-war US and German constitutional jurisprudence to point out that the … Read More

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