ABSTRACT

This contribution underlines how courts play a fundamental role in framing the law into the digital age. In so doing, courts have relied on the use of metaphorical thought to re-contextualise already-existing legal regimes to the developing world. Courts have not only engaged with legal imagination but also provided a reaction in order to compensate for the lack of legislative intervention. This expansion has also led courts to play a critical role in guiding lawmakers and provide a point of reference for dialogue between the supranational and the national dimension. The judicial reaction to the new digital landscape has therefore served as a basis and paved the way for the legislative power itself to intervene.