What is Digital Constitutionalism?

Author: Celeste E.
Published in:
Year: 2018
Type: Other publications

Over the past few decades, the incessant development of digital technology and its disruptive impact on contemporary society have affected the relative equilibrium of the constitutional ecosystem. A series of normative counteractions are emerging to face the challenges of digital technology and restore a condition of relative equilibrium. Edoardo Celeste argues that digital constitutionalism is an appealing notion to explain the current constitutional moment. This blog post provides a definition of digital constitutionalism, identifies its aims and clarifies its relationship with the notion of constitutionalisation of the digital environment. It eventually suggests that the concept of digital constitutionalism has also a programmatic value. It spurs us on to analyse which changes digital technology has produced so far in our society, to reflect on which principles we want to maintain, and to speculate on which solutions we could envisage for the future. On the one hand, we have many more possibilities to exercise our fundamental rights, such as freedom of expression. On the other hand, digital society is characterised by new threats. Still, we are not surrendering to this change. A series of normative counteractions are emerging to face the challenges of digital technology and restore a condition of relative equilibrium. In this context, I argue that digital constitutionalism is an appealing notion to explain the current constitutional moment. However, what is digital constitutionalism?

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Edoardo Celeste

Ehem. Fellow: Entwicklung der digitalen Gesellschaft



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