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  • The language of digital constitutionalism and the role of national parliaments

    Santaniello, Mauro; Palladino, Nicola; Catone, MARIA CARMELA; Diana, Paolo (2018)
    Attempts to establish constitutional provisions for the Internet have been promoted since the late 1990s, mainly by the global civil society and intergovernmental organisations. More recently, a new wave of digital constitutionalism has emerged from the nation-state level, and particularly from national parliaments. In order to better understand this process, the article seeks to investigate, from both a theoretical and an empirical perspective, whether and to what extent parliamentary initiatives exhibit specific political features compared to constitutional attempts emerging from other kinds of sources. Further, the study aims to assess if drafting initiatives overlap or, rather, respond in different ways to different constitutional concerns.
  • A school's duty to provide a safe learning environment: Does this include cyberbullying?

    Campbell, Marilyn; Butler, Des; Kift, Sally (Australia and New Zealand Education Law Association, 2008)
    Cyberbullying is now recognised as a new form of bullying especially amongst young people. While the consequences of this insidious way of bullying have not been fully explored, it would seem it could be extremely detrimental to both the victims and the perpetrators. Schools in Australia and New Zealand are required to have anti-bullying policies but many have not considered cyberbullying to be in their jurisdiction as cyberspace has no geographical boundaries. This article examines the legal issues of cyberbullying and schools' responsibility under the civil law for cyberbullying and the criminal ramifications of such conduct.
  • Acesso à internet como direito fundamental: a necessidade de garantia ao ingresso no mundo virtual

    Martins, Fernando Rodrigues; http://lattes.cnpq.br/7387882596830323; Longhi, João Victor Rozatti; http://lattes.cnpq.br/8670544472872110; Silva, Danler Garcia; http://lattes.cnpq.br/6134828496489776; Meira, Matheus Junqueira de Almeida (Universidade Federal de UberlândiaBrasilDireito, 2018-12-27)
    The present work deals with the problem of access to the Internet as a fundamental right and about the need to guarantee this access. Through the monographic technique, it draws a parallel between the right to access and the fundamental rights of Brazil, seeking to frame this right in the list of fundamental rights. Still, approaches the digital exclusion in Brazil, demonstrating the need to guarantee access, as a form of inclusion, digital, but also social. It also addresses the effects of digital exclusion, as well as the consequences of inclusion, such as the strengthening of democracy. Treats about the necessary structure to guarantee access, which will be demonstrated mainly through the implementation of State public policies, either through the State itself or through the judiciary using the judicialization, when there is State omission. Finally, it presents a proposal to create a national public wi-fi system in Brazil as an urgent measure to combat digital exclusion.
  • Acesso à internet como direito fundamental: A necessidade de garantia ao ingresso no mundo virtual.

    Martins, Fernando Rodrigues; http://lattes.cnpq.br/7387882596830323; Longhi, João Victor Rozatti; http://lattes.cnpq.br/8670544472872110; Silva, Danler Garcia; http://lattes.cnpq.br/6134828496489776; Meira, Matheus Junqueira de Almeida (Universidade Federal de UberlândiaBrasilDireito, 2018-12-27)
    The present work deals with the problem of access to the Internet as a fundamental right and about the need to guarantee this access. Through the monographic technique, it draws a parallel between the right to access and the fundamental rights of Brazil, seeking to frame this right in the list of fundamental rights. Still, approaches the digital exclusion in Brazil, demonstrating the need to guarantee access, as a form of inclusion, digital, but also social. It also addresses the effects of digital exclusion, as well as the consequences of inclusion, such as the strengthening of democracy. Treats about the necessary structure to guarantee access, which will be demonstrated mainly through the implementation of State public policies, either through the State itself or through the judiciary using the judicialization, when there is State omission. Finally, it presents a proposal to create a national public wi-fi system in Brazil as an urgent measure to combat digital exclusion.

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