Digital Constitutionalism and Fundamental Rights: Reconfiguring Liberty and Power

Digitalization has transformed constitutionalism, presenting new challenges to fundamental rights. Traditionally focused on limiting state power, constitutionalism must now address the increasing influence of digital technologies and private actors. Starting from examining the power transformation in the digital age, this chapter explores the evolution of fundamental rights in the digital age, highlighting concerns such as privacy breaches, data protection, freedom of expression, and the rise of AI-driven decision-making. It examines how digital platforms wield unprecedented power over individuals, often bypassing traditional legal frameworks. The European Union has emerged as a significant player in regulating digital rights, introducing a constitutional framework for digital governance. However, global disparities in digital regulation persist, raising questions about sovereignty, accountability, and fundamental rights protection. The chapter uses ‘digital constitutionalism’ to advocate for a nuanced approach that balances technological innovation with fundamental rights. Ultimately, it calls for re-evaluating constitutional principles to address the complexities of the digital era effectively.