Angelo Golia (Max Planck Institute for Comparative Public Law and International Law) has posted Redefining Digital Constitutionalism as Critique and Ideology: The Perspective of Societal Constitutionalism (In: ‘The Digital Constitutionalist’, 24 January 2022) on SSRN. Here is the abstract:
This short paper proposes a partial re-definition of ‘digital constitutionalism’ inspired by the broader theoretical framework of societal constitutionalism. It points out that ‘digital constitutionalism’ discourses are traversed by an inner tension between its analytical background and its normative (liberal) matrix. Therefore, and mobilising digital constitutionalism’s critical potential, it proposes a re-definition of digital constitutionalism as an ideology in the thicker sense, that is, as a set of socially constructed relationships of individuals to their real conditions of existence. This re-definition, while aiming to be only the start a broader conversation within relevant scholarship, brings about both analytical and normative gain, as it highlights that the constitutional questions of digital constitutionalism deal—should deal—primarily with the ways digital technologies affect and shape the social existence of individuals, collective actors, and social systems alike.
