Privacy revisited : a global perspective on the right to be left alone / Ronald J. Krotoszynski, Jr.

Format:

Book

Author/Creator:

Krotoszynski, Ronald J., 1967- author.

Language:

English

Subjects (All):

Privacy, Right of.

Physical Description:

1 online resource (313 p.)

Place of Publication:

New York, NY : Oxford University Press, 2016.

Language Note:

English

Summary:

Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests.

Contents:

Cover; Privacy Revisited; Copyright; Dedication; Contents; Preface; Acknowledgments; 1. Introduction; Introduction; I. The Problem of Defining Privacy; II. The Salience of Privacy in the United States; III. The Need for a Global Perspective on Privacy: Greater Transnational Agreement on the Meaning and Scope of Privacy Would H; IV. A Brief Explanation of the Comparative Legal Analysis of Privacy That Follows; Conclusion; 2. The United States; Introduction; I. Privacy as Nondisclosure, Autonomy, and Dignity; II. Privacy in the United States and the Troublesome Public/.Private Dichotomy

III. U.S. Free Speech Exceptionalism: Fundamental Rights Giving Rise to Fundamental DisagreementsIV. Privacy's Nomenclature in the United States: "Privacy" Rather than "Dignity"; Conclusion; 3. Canada; Introduction; I. Privacy and the Canadian Charter of Rights and Freedoms; A. Canadian Courts and the Power of Judicial Review; B. Privacy and the Charter: The Relevant Charter Provisions; C. Limitations on Charter Rights (Including Privacy); II. Constitutional Privacy Law Under the Charter; A. The Doctrinal Framework Governing Canada's Right of Privacy

B. The Theoretical Contours of Canadian Privacy Jurisprudence1. Normative Values, Not Objective Values, Control the Scope of Privacy; 2. Property Ownership Is Not a Prerequisite to Possessing a Reasonable Expectation of Privacy; 3. An Openness to Considering the Relevance of Technological Change; 4. Reconsidering the Viability of Privacy as Useful Legal Concept; III. Reconciling Privacy Interests with Speech and Press Freedoms; IV. Resistance, Convergence, and Engagement in the Canadian Law of Privacy; A. Defining Resistance, Convergence, and Engagement

B. The Theory Applied: Resistance, Convergence, and Engagement in Canadian Constitutional Privacy LawConclusion: The Centrality of Privacy in Canadian Constitutional Jurisprudence; 4. The Republic of South Africa; Introduction; I. South Africa's Peaceful Constitutional Revolution: From Herrenvolk Democracy to Constitutional Democracy; A. Apartheid, Parliamentary Sovereignty, and South Africa's First Three Constitutions: The Constitutions of 1910, 1961, and 19; B. The Break with Parliamentary Sovereignty in Favor of Judicial Review and Entrenched Human Rights: The 1993 Interim Constitut

C. The Values Animating the 1996 Constitution: Dignity, Equality, and FreedomD. The Constitution's Protection of Privacy Rights; II. Privacy as Dignity in the Jurisprudence of the Constitutional Court of South Africa; III. South Africa's Prioritizing of Constitutional Privacy Values Constitutes an Intentional and Entirely Understandable Effort; Conclusion; 5. The United Kingdom; Introduction; I. The Unwritten Constitution and the Doctrine of Parliamentary Sovereignty; II. The Absence of Any Generalized Right of Privacy in Contemporary British Law

A. Parliament's Rejection of a Statutory Right of Privacy

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

0-19-027428-X

0-19-027429-8

0-19-027427-1