The challenges to rights and freedoms in the digital age have triggered a debate about the role of constitutionalism. From different perspectives, it is possible to refer to this space as digital constitutionalism. This chapter aims to provide an overview of the perspectives of digital constitutionalism – the liberal, the societal and the global – and underlines the potential normative path resulting from the interaction of the three layers. The liberal, the societal and the global as the three pillars of digital constitutionalism return to the normative core of constitutionalism and propose a framework to reframe the protection of fundamental rights and the limits to the exercise of powers in the digital age. The key to understand digital constitutionalism lies in the connection between those perspectives, proposing a normative understanding of the narrative that ensures user representation, submission to the rule of law and due process considerations as well as remedies.
de Abreu Duarte, F., De Gregorio, G., Golia, A. (2023). Perspectives on digital constitutionalism. In B. Brożek, O. Kanevskaia, P. Pałka (a cura di), Research Handbook on Law and Technology (pp. 315-329). Edward Elgar Publishing Ltd. [10.4337/9781803921327.00028].
Perspectives on digital constitutionalism
De Gregorio G.;
2023
Abstract
The challenges to rights and freedoms in the digital age have triggered a debate about the role of constitutionalism. From different perspectives, it is possible to refer to this space as digital constitutionalism. This chapter aims to provide an overview of the perspectives of digital constitutionalism – the liberal, the societal and the global – and underlines the potential normative path resulting from the interaction of the three layers. The liberal, the societal and the global as the three pillars of digital constitutionalism return to the normative core of constitutionalism and propose a framework to reframe the protection of fundamental rights and the limits to the exercise of powers in the digital age. The key to understand digital constitutionalism lies in the connection between those perspectives, proposing a normative understanding of the narrative that ensures user representation, submission to the rule of law and due process considerations as well as remedies.
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