Framing Digital Constitutionalism

Abstract

This paper exploring Digital Constitutionalism launches a series of articles on the topic of democratic control and enforcement of fundamental rights in the internet environment. This introductory paper analyzes Digital Constitutionalism as a new feature and moment of Constitutional Law. In order to accomplish this task, it shall take into consideration rights, duties and powers in the digital environment. In the network and algorithmic society, big techs and their global social platforms (e.g. Facebook, Twitter, Amazon, TikTok) occupy a relevant space that congregates traditional public authority powers in a private system. It is in this intersection that the concept of Digital Constitutionalism can be seen as a way of bringing democratic and constitutional control to the environment of public and private digital powers.