Public Digitalisation In A Legal Perspective

Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.

Neue Technologien bedeuten neue Herausforderungen für das Recht. Das Internet ist kein Neuland mehr, kritische Themen wie Cyberattacken, Privatsphäre, der Schutz Minderjähriger oder auch das Cloud Computing sind jedoch keinesfalls ausdiskutiert. Die zunehmende Digitalisierung und Technisierung beschränkt sich nicht auf das World Wide Web. Der automatisierte Straßenverkehr ist ein ebenso zukunftsweisendes Thema, dessen Entwicklung rechtlich begleitet werden muss. Im vorliegenden Band sind Forschungsarbeiten von Rechtwissenschaftlern aus Deutschland, den USA, Kanada und Griechenland zusammengefasst. Die von Prof. Eric Hilgendorf und Prof. Susanne Beck herausgegebene Reihe Robotik und Recht widmet sich der Diskussion praxisrelevanter Rechtsfragen zu Robotik, Technisierung und Digitalisierung. Mit Beiträgen von Prof. Eric Hilgendorf, Prof. Susanne Beck, Prof. Mark Kende, Prof. Ari Ezra Waldman, Prof. Maria Kaiafa-Gbandi, Prof. Sara Sun Beale and Peter Berris, Prof. Frank Peter Schuster

Available online: https://pub.norden.org/temanord2021-502/ The Nordic Council of Ministers has noted the call from the UN to take measures in order to secure the fundamental values of rule of law and democracy in relation to public digitalisation and to consider the growing influence of the tech industry on public administration in the digital welfare states. The shared Nordic values of democracy, rule of law and trust between citizens and authorities, should be carried further into the digital age. Therefore, the Nordic Council of Ministers has initiated a pilot project that identify relevant themes and initiatives on the basis of input and information from public authorities and supervisory bodies in Norway, Sweden, The Faeroe Islands, Finland and Denmark. The team behind the report assesses that there is a need to: - strengthen the exchange of knowledge regarding investigations, reflections and case law of supervisory bodies in the Nordic and Baltic countries - identify and analyse the legal framework related to constitutional law and human rights for public sector digitisation, and to evaluate whether present administrative law provides sufficient support for compliance within these parameters - study the effects of digitisation on governance, control and liability structures in the field of public administration, possibly including the court administration - investigate the direction of the legislative development, clarify the underlying considerations and interests and assess this development in light of the values of legal certainty and rule of law - integrate legal research as an element of projects related to public digitisation within Nordic research programmes The Nordic Council of Ministers will now consider how it can support using the opportunities offered by digitisation so that they safeguard the shared Nordic values.

The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.

The study of law is a pursuit that requires deep exploration and understanding of its fundamental principles and their application in different legal systems. The complexities of law can be both intriguing and challenging, and a comprehensive analysis of the dichotomy between public and private law is essential to grasp the nuances of legal relationships and remedies. In this book, we embark on an intellectual journey, meticulously examining the dichotomy of public and private law and its significance in the legal landscape. We begin by tracing the genesis of public law and unraveling the boundaries that distinguish it from private law. Exploring the parties involved, the nature of legal relationships, and the remedies and procedures available, we lay the groundwork for a comprehensive understanding of this multifaceted dichotomy. As we delve deeper into the subject matter, we challenge existing notions and encourage readers to rethink the boundaries of public and private law. The separation of powers, a cornerstone of democratic systems, assumes a new dimension as we analyze its evolving nature and its influence on legal systems across the globe. We explore the transformation of natural law and its impact on the domain of public law, shedding light on the dynamic interplay between legal principles and societal changes. Furthermore, we explore the role of public and private law in the era of globalization, recognizing the interconnectedness of legal systems and the challenges posed by an increasingly interconnected world. By examining the rule of law and the doctrine of separation of powers in Islamic and socialist legal systems, we gain valuable insights into alternative approaches to legal governance and the protection of human rights. A comprehensive exploration of civil legal systems, including the Romano-German legal system, mixed legal systems, and common law traditions, forms a crucial part of our analysis. From Germany to France, Switzerland to Finland, and beyond, we examine the constitutional frameworks, judicial independence, court systems, and legal aid provisions that define these legal systems and shape their application in society. As we traverse through the chapters, we also explore the legal systems of Japan, the United Kingdom, the United States, Ireland, Canada, Australia, Singapore, South Africa, and India, unraveling the intricacies of their legal frameworks and the principles that underpin them. From written constitutions to the structure of governments, from the powers of the judiciary to the protection of fundamental rights, we delve into the unique characteristics of each legal system, offering a comprehensive analysis for readers. Additionally, we delve into the principles of natural justice and their significance in the Indian legal system. We explore the role of the Ombudsman in India, the right to information, and the juxtaposition of private and public laws, providing valuable insights into the evolving landscape of legal governance in India. Moreover, we delve into the socialist legal systems of Russia and the People's Republic of China, analyzing their written constitutions, governance structures, and the role of the judiciary within their legal frameworks. By examining the incorporation of rights and duties, the rigidity of the constitution, and the hierarchy of courts, we gain a deeper understanding of the legal systems of these nations. Finally, we explore the Muslim legal systems of Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, shedding light on their unique characteristics and their influence on legal governance within these nations. Through our exploration of private and public law, we also analyze the practices of states, the interpretation of constitutions, the philosophy of rights and liberties, and the right to equality. Furthermore, we delve into the jurisprudential aspects of private and public law, examining influential theories and concepts that shape our understanding of legal systems and their functioning. This book serves as a comprehensive guide for legal scholars, practitioners, students, and anyone interested in gaining a deeper understanding of the complexities of public and private law. Our aim is to facilitate critical thinking, foster academic discourse, and contribute to the advancement of legal knowledge in a rapidly changing world. We invite you to embark on this intellectual journey, exploring the intricacies of legal systems and gaining a deeper understanding of the dichotomy between public and private law. Happy reading!

Freedom of Speech: A Comparative Law Perspective offers a wide-ranging review of free speech law in Europe, the U.S., Canada and Australia, with a special focus on hate speech and on artistic and scientific speech. It provides a great deal of information on these topics, in a single volume, which presents a considerable value to anyone who wants to study the subject. prof. Christopher Wolfe, University of Dallas The book is disturbing. It encourages to pose serious questions, in particular about the phenomenon of the persecution for expressing traditional views, which ceased to be accepted by certain political and intellectual elites. It presents the context which allows us to realize how difficult it is to address such issues. Nevertheless, searching for the answers seems absolutely necessary. The analyses of the US law could be considered a universal parable about the awareness of free speech. The analyses of the law in other countries warn us how fragile the protection of freedom of expression is. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The volume focuses on an important and complex theoretical question of practical value which is inscribed in the debate on the limits of freedom of speech. It is a collection of independent studies with a clearly presented central idea. Written by the authors representing not only different academic institutions and countries but even different legal cultures. Such a choice of authors offers a variety of presented evaluations, which testifies to the richness of content included in the book and is an invitation to further studies and analyses. prof. Wojciech Lis, John Paul II Catholic University of Lublin

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal structures to the issue of cybersecurity and data privacy. At the same time, those who work and research in cybersecurity are often unprepared and unaware of the nuances of legal application. This book translates the fundamental building blocks of data privacy and (cyber)security law into basic knowledge that is equally accessible and educational for those working and researching in either field, those who are involved with businesses and organizations, and the general public.

Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations. In this book of edited essays, many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings: Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance; Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery; Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals; and New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution. The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance. This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.