DIGITAL CONSTITUTIONALISM
Instructional goals
The course explores the transformation of constitutionalism in the digital age, focusing on how digital and algorithmic technologies and AI systems reshape the foundations of public law, democratic governance, and fundamental rights. Building on comparative and interdisciplinary approaches, it investigates how constitutional principles are challenged, reinterpreted, and operationalized in sociolegal environments where new technologies are structurally embedded.
The course emphasizes the interaction between conceptual analysis and practical application: students will not only engage with theoretical debates (e.g., sovereignty, legitimacy, separation of powers) but will also apply them to real-world regulatory scenarios, including platform governance, AI regulation, and data economies. The course trains students to critically assess regulatory responses across jurisdictions and to formulate normative and policy-oriented arguments.
Intended learning outcomes
By the end of the course, students will be able to:
Understand the core concepts and theories of digital constitutionalism
Analyze how digital technologies affect constitutional structures and principles
Evaluate regulatory strategies adopted by states, courts, and private actors
Apply constitutional reasoning to practical digital governance scenarios
Develop critical and normative arguments bridging theory and policy
Engage in structured oral and adversarial debate, simulating real legal and policy environments.
Course Contents
The course consists of three parts: the first is devoted to introduce the students to the basic concepts of constitutionalism in its different dimensions and how they are affected by algorithmic and digital technologies; the second focuses on the institutions (legal, political, economic, regional and global) involving both public and private actors, and the third on the protection of fundamental rights.
Reference Books
Texts and materials to be read and studied by the students will be distributed during the class through the online portal of the course.
In some cases, selected parts of the following textbook will be used as reference points: De Gregorio, Giovanni, Oreste Pollicino, and Peggy Valcke (eds), The Oxford Handbook of Digital Constitutionalism (online edn, Oxford Academic, 19 Sept. 2024 - ), https://doi.org/10.1093/oxfordhb/9780198877820.001.0001
Teaching Methods
The course combines:
Lectures (conceptual and doctrinal foundations);
Student-led presentations (critical engagement with readings);
Case-based discussions (real-world applications);
Simulated oral competitions (team-based practical exercises);
Particular emphasis is placed on active learning and the development of argumentative skills, linking constitutional theory with concrete digital governance challenges.
Assessment Method
1/3 of the final grade is assigned based on active engagement and oral presentations of the assigned readings;
1/3 of the final grade is assigned based on the simulated oral competitions;
1/3 of the final grade is assigned based on a final written multiple-choice test
Thesis assignment criteria
Minimum grade: 27
Week 1
Part I – Foundations of Digital Constitutionalism
1. What is Digital Constitutionalism? What is law in the digital age?
Week 2
2. Comparative Perspectives: US, EU, and Beyond. Global South Digital Constitutionalism.
Week 3
3. The State/Society Divide and New Digital Governors
Week 4
4. Political Economy & Digital Constitutionalism
Week 5
Part II – Institutions, Regulatory and Applied Dimensions
5. Digital Sovereignty vs. Digital Constitutionalism
Competing paradigms and geopolitical implications
The “Brussels effect” and global regulatory influence
Week 6
6. Experimental Regulation and Future-Oriented Governance
Regulatory sandboxes and innovation-driven lawmaking
Automation and the rule of law
Week 7
7. Economic and Social Dimensions
Platform economy and labor regulation
Data ownership and digital rights
Online political speech and democratic processes
Week 8
Part III – Fundamental Rights in the Digital Constitutional Order
8. Freedom of Expression
Week 9
9. Labor Rights in the Platform and Algorithmic Economy
Week 10
10. Fair Trial, Due Process, and Algorithmic Decision-Making
Week 11
11. Environmental Rights, Digital Technologies, and Data Governance
Week 12
12. Right to privacy