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August 20, 2025Общество политика экономика право3 citations

Digital Constitutionalism: Evolution of Legal Principles in the Context of Digitalization of Modern Society

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VGVitaly V. GoncharovSPSergey Yu. PoyarkovMSMarina S. Savchenko

Key Points

  • Digital constitutionalism is reshaping legal principles influenced by emerging digital technologies, aiming for clearer governance.
  • Key changes in constitutional principles reflect the need for legal adaptation to issues like digital sovereignty and algorithm transparency.
  • Using comparative legal methods, different models of digital constitutionalism are analyzed across various jurisdictions and contexts.
  • The emergence of a hybrid model of public power points toward potential risks to democracy without adequate regulatory frameworks.

Abstract

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 circum-stances, 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 con-stitutional system to the conditions of digitalization, including issues of digital sovereignty, transparency of algo-rithms and the legal regime of data. The subject of the research is the processes of transformation of constitu-tional principles in the context of the digital environment, as well as the formation of the concept of digital con-stitutionalism as a new paradigm of public power. The article aims to identify the theoretical, legal and institu-tional 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 pro-cesses 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 envi-ronment. The necessity of revising the traditional principles of the rule of law in the context of algorithmic man-agement 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 iden-tified. The presented provisions can serve as a theoretical basis for further development of the concept of digi-tal constitutional law.

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Cite This Study

Goncharov et al. (2025) studied this question.

synapsesocial.com/papers/68af5d6fad7bf08b1eae111chttps://doi.org/10.24158/pep.2025.8.25
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