DIGITAL CONSTITUTIONALISM IN THE MODERN INFORMATION SOCIETY

Abstract

The article is devoted to the analysis of the basic concepts of digital constitutionalism, the characteristics of doctrinal development and areas of research, as well as to cover the problematic issues related to the definition of this phenomenon in the system of modern constitutionalism. It is noted that, despite the rather solid list of the latest analytical works regarding digital constitutionalism, its doctrinal definition is not complete, and there is no clearly recognized definition of this concept. There is now a general consensus among researchers that digital constitutionalism is a set of traditional constitutional values adapted to the new requirements of the digital environment. From the standpoint of digital constitutionalism, society should respond to the shortcomings of digital technologies and provide the ideals, values and principles of modern democratic constitutionalism, support its balance sheet and guarantee system. Digital constitutionalism advocates such fundamental principles as the rule of law, the separation of powers, democracy and the protection of human rights in a qualitatively new context of the information society. At the same time, new constitutional principles emerge in various forms. Not only as amendments to national constitutions, but also as internal rules of online platform, precedent right of national constitutional courts and transnational judicial bodies, but even as legally optional declarations of Internet rights, which are promoted by participants in civil society. This gives grounds to argue that digital constitutionalism is a new direction of modern constitutionalism (New Branch of constiturationalism) while remaining within a democratic legal discourse.
 Thus, it is stated that digital constitutionalism has noted a new phase of development of modern constitutionalism and a new paradigm of constitutional and legal research. Without these factors, it is impossible to ensure the modern constitutional and legal development of states and the improvement of national constitutional legislation.