This contribution underlines how courts play a fundamental role in framing the law into the digital age. In so doing, courts have relied on the use of metaphorical thought to re-contextualise already-existing legal regimes to the developing world. Courts have not only engaged with legal imagination but also provided a reaction in order to compensate for the lack of legislative intervention. This expansion has also led courts to play a critical role in guiding lawmakers and provide a point of reference for dialogue between the supranational and the national dimension. The judicial reaction to the new digital landscape has therefore served as a basis and paved the way for the legislative power itself to intervene.
De Gregorio, G., Pollicino, O. (2023). Courts, rights and powers in the digital age. In F. Casarosa, E. Psychogiopoulou (a cura di), Social Media, Fundamental Rights and Courts: a European Perspective (pp. 242-256). Taylor and Francis [10.4324/9781003207085-16].
Courts, rights and powers in the digital age
De Gregorio G.;
2023
Abstract
This contribution underlines how courts play a fundamental role in framing the law into the digital age. In so doing, courts have relied on the use of metaphorical thought to re-contextualise already-existing legal regimes to the developing world. Courts have not only engaged with legal imagination but also provided a reaction in order to compensate for the lack of legislative intervention. This expansion has also led courts to play a critical role in guiding lawmakers and provide a point of reference for dialogue between the supranational and the national dimension. The judicial reaction to the new digital landscape has therefore served as a basis and paved the way for the legislative power itself to intervene.
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