The Constitutional Dimension of AI: A Phenomenology of Cybernetic Power

Sovereignty, power, and freedom are three terms that, by nature (i.e. as empirical findings), are conflicting and divergent. Whatever you may define as freedom, it is in permanent tension with any kind of power, especially that supreme power we call “sovereignty.” Sovereignty, for its part, classically, is superiorem non recognoscens, that is it recognizes no superior power. Only the historical practice of constitutionalism—in its modern and contemporary sense —has attempted to reasonably reconcile these terms.