Bottom-up Constitutionalism: The Case of Net Neutrality

The question is whether we can observe the emergence of a new constitutional right of the Internet, a right that does not only protect individuals in their communication online but a right protecting also the Internet as an institution. What would be the forum where such a process of constitutionalisation is taking place? Can fundamental rights also emerge bottom-up, from civil society rather than from a formally legitimised constitution maker?

About Christoph

Christoph B. Graber, Ph.D. (Law), Professor of Law, studied law at the Universities of Bern and St. Gallen, received his admission to the bar in Switzerland, a Ph.D. from the European University Institute (Florence) and his Habilitation from the University of Bern. He holds the Chair for Legal Sociology with particular focus on Media Law at the University of Zurich, Faculty of Law. He is a member of the executive committee of the Executive Master in Art Market Studies at the University of Zurich.

Prior to joining the law faculty at the University of Zurich, he taught at the University of Lucerne, where he was a founding member of the Faculty of Law. He has been a visiting professor/scholar at Georgetown University Law Center, Institute of International Economic Law, University of Wollongong, Faculty of Law, and University of California, Berkeley, Center for the Study of Law and Society. He is currently Faculty Associate at The Berkman Klein Center for Internet and Society at Harvard University. He teaches in the fields of legal sociology and theory, cyberspace and media law, intellectual property and art law. His main research interests relate to analysing issues of normativity on the internet in relation to technology, intellectual property and freedom of expression and information from a law and society perspective.

Prof. Graber has been a long-time member of the Swiss Federal Arbitration Commission for the Exploitation of Author’s Rights and Neighbouring Rights (2004-2011), a member of the research commission of the Swiss National Science Foundation at the University of Lucerne (2004-2014) and advisor to various branches of the Swiss Government, as well as OECD on legal issues related to IP, trade and culture. He is the author of numerous publications, editor of medialex, the Swiss journal of media law (2002-2014), and a member of the editorial advisory board of the University of Western Australia Law Review. He is also a member of the board of directors of the Solothurn Film Festival and a member of the council of the Centro Giacometti Foundation.

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