Digital Constitutionalism: Evolution of Legal Principles in the Context of Digitalization of Modern Society
Автор: Goncharov V.V., Poyarkov S.Yu., Savchenko M.S.
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 8, 2025 года.
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The current stage of society’s development is marked by the rapid introduction of digital technologies, which have a systemic impact on all spheres of public authority and constitutional law and order. In these circumstances, there is a need to understand new forms of constitutionalism that reflect the challenges of the digital age. The relevance of the topic is due to the need for legal adaptation of the fundamental principles of the constitutional system to the conditions of digitalization, including issues of digital sovereignty, transparency of algorithms and the legal regime of data. The subject of the research is the processes of transformation of constitutional principles in the context of the digital environment, as well as the formation of the concept of digital constitutionalism as a new paradigm of public power. The article aims to identify the theoretical, legal and institutional changes accompanying the digital transformation of society. The methodological basis of the research is the dialectical approach, the principles of system analysis and the conceptualization of transformational processes in public law. The application of the comparative legal method makes it possible to analyze various models of digital constitutionalism that have developed in national and supranational jurisdictions. The use of the formal legal method ensures the identification of key changes in the content of constitutional principles that are undergoing rethinking in the digital age. The method of legal prognostics is also used, aimed at assessing potential risks and directions of development of digital constitutionalism. The interdisciplinary approach uses legal theory, political science, and information theory. The novelty of the research lies in the development of a holistic view of digital constitutionalism as a special form of constitutional regulation focused on the digital environment. The necessity of revising the traditional principles of the rule of law in the context of algorithmic management and platform economy is substantiated. The conclusion is made about the formation of a hybrid model of public power combining elements of national sovereignty and transnational regulation. The risks of undermining democratic foundations with insufficient regulatory certainty of digital institutions have been identified. The presented provisions can serve as a theoretical basis for further development of the concept of digital constitutional law.
Digital constitutionalism, digitalization, transformation of public power, legal principles, digital state, algorithmic management, digital rights, digital sovereignty, platform, regulatory transformation
Короткий адрес: https://sciup.org/149148920
IDR: 149148920 | DOI: 10.24158/pep.2025.8.25