Header

UZH-Logo

Maintenance Infos

Bottom-up constitutionalism: The case of net neutrality


Graber, Christoph Beat (2017). Bottom-up constitutionalism: The case of net neutrality. i-call Working Paper Series 01, University of Zurich.

Abstract

Net neutrality is no longer only a battle cry of a few Internet romancers but has evolved into a key value for contemporary society that is being institutionalised as a constitutional right. With the help of sociological systems theory, this text argues that the social and legal institutionalisation of constitutional rights need to be distinguished. Commonly, constitutional rights emerge from society before they are reformulated in the legal realm. Using the example of the United States, the paper shows empirically that net neutrality is about to emerge as a new fundamental value and right. Its constitutionalisation is happening bottom-up, driven by social movements, Internet activists and advocacy groups, and further, in an interweavement of civil society dynamics with the legal system. The question is whether constitutional structures have already become identifiable. The last section discusses the relationship between social and formal constitutional structures from a legitimacy and democracy perspective.

Abstract

Net neutrality is no longer only a battle cry of a few Internet romancers but has evolved into a key value for contemporary society that is being institutionalised as a constitutional right. With the help of sociological systems theory, this text argues that the social and legal institutionalisation of constitutional rights need to be distinguished. Commonly, constitutional rights emerge from society before they are reformulated in the legal realm. Using the example of the United States, the paper shows empirically that net neutrality is about to emerge as a new fundamental value and right. Its constitutionalisation is happening bottom-up, driven by social movements, Internet activists and advocacy groups, and further, in an interweavement of civil society dynamics with the legal system. The question is whether constitutional structures have already become identifiable. The last section discusses the relationship between social and formal constitutional structures from a legitimacy and democracy perspective.

Statistics

Downloads

15 downloads since deposited on 28 Mar 2017
15 downloads since 12 months
Detailed statistics

Additional indexing

Item Type:Working Paper
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Basic Subjects
Working Paper Series > i-call Working Paper Series
Dewey Decimal Classification:340 Law
Uncontrolled Keywords:Transnational constitutionalism, digital networks, net neutrality, legal sociology, sociological systems theory.
Language:English
Date:March 2017
Deposited On:28 Mar 2017 09:35
Last Modified:21 Nov 2017 19:28
Series Name:i-call Working Paper Series
Number of Pages:29
ISSN:1664-0144
Free access at:Related URL. An embargo period may apply.

Download

Download PDF  'Bottom-up constitutionalism: The case of net neutrality'.
Preview
Content: Published Version
Language: English
Filetype: PDF
Size: 833kB