Digital Constitutionalism in the Policy State Theory

Facing with digital technological transformation into all the sphere of global society, the State as the policy presidor has been reborn into the digitalized policy State. As the one of the State ruling power characters, the term “constitution” has been under the digital transformation, too, in which the policy State shall be grounded upon and justified by constitution on the exercise of its policy power; it can be called the “digital constitutionalism.” The constitutional values and doctrines inscribed in constitutionalism would be legitimacy of the rule of law. As well, the constitutionally endorsed and accounted for the policy infrastructures would be the State jurisdictions over the digital domains, the way in which it provides the legal names and works through the digitally transformed interaction between the State and constitution. This ideological and heuristic concept “digital constitutionalism” has been academically and practically appealed to the State theory for explaining the constitutional counteractions against the political and policy challenges developed by the digital technology and especially the globally connected web-based platform industry and organization. Although there is a variety of conceptual analysis of digital constitutionalism, it first adapts the principles or values of the digital transformation into the State constitution that discerns the intellectual foundations for the constitutional documents in the digital society. That said, the two values of digital freedom (openness and accessibility) and affordability (technological and economic ability and competence) would be critical measures for the theoretical hypotheis of the policy State.