Digital constitutionalism: a new systematic theorisation

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Title: Digital constitutionalism: a new systematic theorisation
Authors: Celeste, Edoardo
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Date: 3-Jan-2019
Online since: 2019-04-10T09:56:21Z
Abstract: ‘Digital constitutionalism’ is an appealing concept to explain the recent emergence of constitutional counteractions against the challenges produced by digital technology. However, the existing scholarship does not offer a unitary picture of this notion. This paper carries out a literature review of the topic and suggests a new systematisation of the theoretical framework surrounding the concept of digital constitutionalism. It is argued that digital constitutionalism is the ideology that adapts the values of contemporary constitutionalism to the digital society. It does not identify the normative responses to the challenges of digital technology, but rather embodies the set of principles and values that informs and guides them. Conversely, the emerging normative responses can be regarded as the components of a process of constitutionalisation of the digital environment. In light of the adopted definitions, the paper ultimately illustrates a new way of mapping the constitutional responses that have emerged to address the challenges of digital technology. They not only include the constitutional tools that we could define as ‘classic’ in the context of constitutional theory, such as the binding legal texts produced in the state-centric dimension, but, significantly, also new instruments, which are developed in the transnational dimension of private actors.
Funding Details: Irish Research Council
Type of material: Journal Article
Publisher: Taylor & Francis
Journal: International Review of Law, Computers & Technology
Volume: 33
Issue: 1
Start page: 76
End page: 99
Copyright (published version): 2019 Taylor & Francis
Keywords: ConstitutionalisationInternet bills of rightsPrivate actors
DOI: 10.1080/13600869.2019.1562604
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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