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Digital constitutionalism: Fundamental rights and power limitation in the Internet eco-system

2018/02/13 by Claudia Padovani, Mauro Santaniello · 1 voice · 1 citation
Social Sciences · #Cybersecurity and Cyber Warfare Studies #Freedom of Expression and Defamation #Legal and Policy Issues

paper · doi:10.1177/1748048518757114

openalex publication_date 2018/02/13 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/02

Abstract

The contributions to this collections show that a discourse on digital constitutionalism is clearly in the making: it may not be a sufficient condition for a process of constitutionalization of the Internet, but we argue it is a necessary one. Digital constitutionalism is an effort to bring political concerns and perspective back into the governance of the Internet, deeply informed by economic and technical rationalities. It is also an attempt to ground the political struggle over the Internet in explicit recognition of fundamental rights and democratic principles, and it differs from other political endeavors aiming to replace the private sector leadership in Internet-related decision-making with that of national governments and intergovernmental organizations.

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