Descriere
An emerging concept, which initially appeared in the common law legal and political space and which has gradually penetrated into civil law, digital constitutionalism aims at the application of classical constitutional principles (limitation of powers, protection of fundamental rights, respect for the requirements of the rule of law) in the digital area and in relation to its particularities. It starts from the idea that the digital world is no longer “a space of non-law” but requires obstacles in the way of the power of the “new sovereign powers” that are the tech giants. It proposes to define norms and rules for framing the use, regulation and governance of digital technologies in the face of the power of online platforms and digital actors. It is a new legal paradigm that seeks to subject the forms of societal manifestation of the technological revolution to the principles of representative democracy. Digital constitutionalism is not a new form of constitutionalism, but rather one of its layers of adaptation to the new socio-technological realities, to the data of the analogue society.
