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Internet Co-Regulation and Constitutionalism: Towards a More Nuanced View

https://doi.org/10.2139/ssrn.1973328
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11/11 checkable references clean · checked 2026-09-02

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

32 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 11 checked references that resolve
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The Human Rights Act, ‘Horizontal Effect’ and the Common Law: a Bang or a Whimper?
resolves10.2307/20477912
:<i>Power, Knowledge, and Expertise in Elizabethan England</i>
resolves10.1093/he/9780191866128.003.0021
Jeynes v News Magazines Ltd &amp; Another [2008] EWCA Civ 130
resolves10.1080/09615768.2005.11427599
Giving Privacy its Due: Private Activities of Public Figures in<i>Von Hannover</i>v<i>Germany</i>
resolves10.2307/3003161
Taxation by Regulation
resolves10.1080/13600830802204187
The mass age of internet law
resolves10.4337/9781845427979.00012
Between the Old and the New: Innovation in the Regulation of Internet Gambling
resolves10.4337/9781845420673.00016
Regulation in the Age of Governance: The Rise of the Post-Regulatory State
resolves10.1111/1468-0386.00139
Mind the Gap: Law and New Approaches to Governance in the European Union
resolves10.1016/s1359-6128(10)70466-3
Indutrade AB, Sweden
resolves10.5040/9781472564559.ch-005
Internet Filtering : Rhetoric, Legitimacy, Accountability and Responsibility
The 32 references without a DOI — listed, not checked
no DOI — not checkedref1
no DOI — not checkedref2
no DOI — not checkedClarity Postponed: Horizontal Effect after Campbell
no DOI — not checkedref5
no DOI — not checkedref6
no DOI — not checkedref7
no DOI — not checkedstates (p.162) that "This contrasts with the position in European Community law, where the obligation to interpret national law in a manner compatible with European Community law does reach a limit when this requires the creation of an obligation in criminal law, or a heightening of a criminal penalty
no DOI — not checkedYL (Appellant) v. Birmingham City Council and others
no DOI — not checkedref10
no DOI — not checkedref11
no DOI — not checkedfurther restricting rights by focusing on the definition of private acts
no DOI — not checkedEWCA Civ 1714
no DOI — not checkedref16
no DOI — not checkedCase Comment: Von Hannover v Germany, 4
no DOI — not checkedAnimal Defenders International) v Secretary of State for Culture
no DOI — not checkedFree Speech and Abortion
no DOI — not checkedBalancing freedom of political expression against equality of political opportunity: the courts and the UK's broadcasting ban on political advertising
no DOI — not checkedref22
no DOI — not checkedThe Political Economy of Deregulation: Interest Groups in the Regulatory Process
no DOI — not checkedref25
no DOI — not checkedSpeech to the Embassy of France to the Holy See, reported in Moya
no DOI — not checkedref28
no DOI — not checkedref29
no DOI — not checkedReviewing Regulatory Rules: Responding to hybridisation
no DOI — not checkedwhich also hosts chapters available on an open access basis. It follows Greater co-regulatory scrutiny also will prove important in future judicial assessment of coregulatory forms, an area that is rapidly becoming a focus for both national courts 119 and the European judicial process, in both the European Court of Human Rights 120 and Court of Justice of the European Union (CJEU) 121 . The CJEU found in 2010 that the Charter of Fundamental Rights, which incorporates the European Convention on Human Rights into European Union law, could be used to strike down secondary legislation which fails to respect the rights of individuals to privacy 122 . The CJEU refused to consider a broader question about the implementation of the controversial Data Retention Directive, 2006/24/EC 123 , which would have set a much broader precedent for national courts to consider European law against Charter rights. This may come back to the CJEU in a Swedish Supreme Court referral (Perfect Communication AB 124 ) to be heard in 2012
no DOI — not checkedReport of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Human Rights Council Seventeenth session Agenda item 3
no DOI — not checkedAdmin)], and the recent judgment extending copyright enforcement against a third-party intermediary ISP: Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc
no DOI — not checkedSocial Media, Political Activism and Human Rights, Issue Paper for the Council of Europe Commissioner for Human Rights at http://ssrn.com/abstract=1860060, a survey of relevant instruments and case law under the European Convention, together with leading academic surveys conducted to support analysis of human rights as applied to social media and political speech on the Internet, arguing for reducing the 'margin of appreciation
no DOI — not checkedref38
no DOI — not checkedHartmut Eifert (C-93/09) v. Land Hessen. For commentary see Content and Carrier (2010) "break no privilege nor charter
no DOI — not checkedDirective 95/46, so as to enable it to assess whether the retention of certain data relating to the users of the internet sites
no DOI — not checkedref42
What this badge says. CiteStamped means the CHECKABLE references of this work were clean at the dated check: each resolved to a known work in a public registry, and none carried a retraction notice at that time. It says nothing about the quality, findings, or importance of the work itself, and nothing about references deposited without a DOI.

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