DIGITAL CONSTITUTIONALISM

DIGITAL CONSTITUTIONALISM

Angelo Junior Golia

Obiettivi formativi

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.

Risultati di apprendimento attesi

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.

Contenuti Del Corso

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.

Testi Di Riferimento

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

Metodologie Didattiche

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.

Modalità di verifica dell'apprendimento

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

Criteri per l’assegnazione dell’elaborato finale

Minimum grade: 27

Settimana 1

Part I – Foundations of Digital Constitutionalism 1. What is Digital Constitutionalism? What is law in the digital age?

Settimana 2

2. Comparative Perspectives: US, EU, and Beyond. Global South Digital Constitutionalism.

Settimana 3

3. The State/Society Divide and New Digital Governors

Settimana 4

4. Political Economy & Digital Constitutionalism

Settimana 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

Settimana 6

6. Experimental Regulation and Future-Oriented Governance Regulatory sandboxes and innovation-driven lawmaking Automation and the rule of law

Settimana 7

7. Economic and Social Dimensions Platform economy and labor regulation Data ownership and digital rights Online political speech and democratic processes

Settimana 8

Part III – Fundamental Rights in the Digital Constitutional Order 8. Freedom of Expression

Settimana 9

9. Labor Rights in the Platform and Algorithmic Economy

Settimana 10

10. Fair Trial, Due Process, and Algorithmic Decision-Making

Settimana 11

11. Environmental Rights, Digital Technologies, and Data Governance

Settimana 12

12. Right to privacy