Technology law’s link to constitutional law : a public law perspective

Abstract

The purpose of this paper is to discuss the relationship between Technology Law and Constitutional Law. Both Technology Law and Constitutional Law are classified under the heading of Public Law (as opposed to Private Law) though, as will be seen below in Section 1.5 of this paper, Technology Law has also a Private Law dimension. It is a daunting task for this author to write about technology – ‘a rich and multi-faceted concept which does not admit of simple definition’ – due to its complexity and pervasiveness in the law. More intricate is the study of Technology Law in relation to Public Law (and its sub-divisions) and Private Law, especially Intellectual Property Law. Hence, this paper adopts a sectoral approach to the discussion of Technology Law from the perspective of Public Law.