Prospects and challenges for parliamentarism in the conditions of the development of digital constitutionalism

Abstract

The purpose of the article is to carry out a multi-faceted analysis of the dynamics of the development of parliamentarism and digital constitutionalism, to identify possible challenges and threats, as well as prospects for parliaments and parliamentary activity in the conditions of the spread of modern digital (electronic) technologies. Approaches to understanding and defining the phenomena of «parliamentarism», «constitutionalism», «digital constitutionalism», some of their modifications and features are highlighted, their multifaceted nature, transformation in the conditions of modern progressive digital development, electronic democracy is emphasized. Crisis and conflict events have largely become challenges for parliaments and parliamentary activity, as well as digitalization and digitization processes and tools. It is important that parliamentary institutions of various levels (national, supranational, inter-parliamentary associations, their auxiliary bodies and services) contribute to the development and regulation of these processes, using advanced and effective digital technologies tested in practice. The «Digital Compass» for the EU Digital Decade (2030), the concept of digital sovereignty, the adopted charters of digital rights (Catalan, Nice), the Law on Digital Markets, the Law on Digital Services, the Law on Artificial Intelligence, the Declaration on European Digital Rights and Principles should be singled out. (2022), «World e-Parliament Report» of the IPU, the concept of e-democracy of the European Parliament, the resolution on e-democracy of the PACE, recommendations on open government and electronic participation of citizens OECD. Thanks to this, new forms and tools for the implementation of existing human rights are introduced, as well as new digital rights are constituted (to access the Internet, to identity in the digital environment, to protection in the digital environment, non-discrimination, etc.). In the same way, the forms and methods of activity of parliaments are being modernized (expansion of platforms for online broadcasts of plenary and committee meetings, electronic (remote) voting, improvement of interactive websites with access to draft laws and other documents, and systems of electronic petitions and consultations with voters, electronic participation of citizens and public organizations in the legislative process). However, the development of digital parliamentarism and digital democracy is accompanied by numerous challenges (digital inequality, low digital literacy of members of parliaments and parliamentary services, cyber threats, material and financial costs etc.). This requires a thorough study of the issues raised, improvement of digital culture, improvement of parliamentary and non-parliamentary procedures, along with further development of technological infrastructure, cyber security protection of the components of digital parliamentarism.