Digital Constitutionalism: An Emerging Dimension of Cyber Law

Abstract

Fundamental values and principles of constitutionalism have changed over time. The translation of modern constitutional values into a digital environment is digital constitutionalism. Digital constitutionalism, instead of defining the normative remedies to the problems presented by digital technology, embodies the set of values and principles that underpin and directs them. They go beyond the constitutionally permissible tools and include new instruments created in the transnational dimension of private actors and global entities. The idea of basic structure is the judiciary’s most effective instrument for upholding the checks and balances and the power necessary for a democracy to run smoothly. It is becoming urgent that constitutional principles need to be examined in the light of digital technology. People now have never-before-seen opportunities to exercise their fundamental
rights, but new threats have also occurred. All parties involved are required to respond to the negative effects of digital technology, and digital constitutionalism offers the goals, values, and guiding principles that should direct this constitutional reaction. This study will finally suggest a novel method of mapping the constitutional responses that have so far been developed to address the difficulties posed by digital technology in the context of constitutional definitions. Because of how the current constitutional framework responds to these digital challenges, the present might be characterized as a constitutional moment. To address the challenges, several balancing regulative reactions have emerged. Specifically, it will incorporate both new mechanisms developed in the transnational sphere involving private actors and the constitutional tools created in the state-centric context. It will then propose a new organization of the theoretical framework surrounding digital constitutionalism and illustrate how digital constitutionalism can address cyber challenges.