Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society

This book explores the role of constitutional democracies in the digital age, focusing on the European constitutional framework as a lodestar. It examines the rise of digital constitutionalism as a response to digital capitalism and aims to protect fundamental rights and democratic values against the challenges posed by platform powers.

Format: Paperback / softback
Length: 382 pages
Publication date: 25 April 2024
Publisher: Cambridge University Press

This book delves into the intricate realm of rights and powers in the digital age, embarking on a mission to redefine the role of constitutional democracies in the algorithmic society. By utilizing the European constitutional framework as a guiding star, it explores the emergence and consolidation of digital constitutionalism as a response to the challenges posed by digital capitalism. The primary objective is to examine how European digital constitutionalism can safeguard fundamental rights and democratic values against the allure of digital liberalism and the complexities arising from platform powers.

In the first chapter, the book delves into the underlying factors that have propelled the development of digital constitutionalism in Europe. It examines the historical, social, and technological forces that have shaped the legal landscape in this region, highlighting the unique challenges and opportunities presented by the digital age.

The second chapter presents a normative framework that assesses the extent to which European constitutionalism offers an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. It examines the principles, institutions, and mechanisms that underpin digital constitutionalism and evaluates their effectiveness in safeguarding individual liberties and democratic values.

Furthermore, the book explores the interplay between digital constitutionalism and other legal frameworks, such as human rights law, data protection law, and competition law. It examines how these different legal frameworks intersect and collaborate to address the complex challenges posed by the digital age, and proposes strategies for achieving a harmonious and balanced approach to regulation.

This title is also available as open access on Cambridge Core, ensuring widespread access to its valuable insights and scholarship. Whether you are a legal professional, researcher, or simply interested in understanding the evolving dynamics of rights and powers in the digital age, this book offers a comprehensive and thought-provoking exploration of the topic.

Weight: 548g
Dimension: 151 x 229 x 23 (mm)
ISBN-13: 9781009069236