Potere cibernetico e futuro del diritto costituzionale

This article argues that constitutional law, understood as a framework for legitimizing and con-straining power, must adapt to the emergence of new forms of authority gen-erated by digital technologies and artificial intelligence. Today, the most signif-icant threats to individual and collective freedom no longer arise solely from state action or traditional private power, but from a techno-cybernetic form of power that shapes decisions, beliefs, and cognitive capacities. The article develops a conceptual account of digital power and identifies three primary modes through which it interferes with constitutional freedom: decision-mak-ing technologies, persuasive technologies, and cognitive technologies. It then examines contemporary regulatory responses, with particular attention to the European Union’s approach, highlighting the tensions between rights protec-tion, economic competitiveness, and digital sovereignty. The article concludes by advancing a constitutional reinterpretation of the precautionary principle. It contends that fundamental rights must be safeguarded ex ante, at the stage of technological design, and proposes a model of hybrid constitutional law capable of engaging not only legal rules, but also the technical architecture of digital systems.