Fundamental Human Rights and Eroding Constitutionalism

Through the course of the last few decades, there has been a considerable and unprecedented increase in the development of digital technologies. This development has disruptively affected the equilibrium of contemporary society’s constitutional ecosystem. Thus, a set of normative responses have emerged in order to face digital technology’s created obstacles and restore relative equilibrium. Due to this, a considerable amount of academic literature can be found regarding the subject matter of digital constitutionalism. Authors such as Celeste debate that the concept is an attractive one when attempting to explain the contemporary constitutional moment1. The current paper offers an extensive definition of the concept of digital constitutionalism, identifying its aims, and clarifying the notion of the digital world’s constitutionalization. Much of the available academic literature seems to suggest that digital constitutionalism has a programmatic value. The concept pushes people to assess the so far changes produced by digital technology and to reflect on the principles that have to be maintained. On the one hand, contemporary humans Invited Lecturer at Tbilisi State University, Georgia, ORCID ID: https://orcid.org/0000-0003-2929-6047 Email: Ninashengelia18@gmail.com 1 Celeste, Edoardo. 2018. “Terms of Service and Bills of Rights: New Mechanisms of Constitutionalisation in the Social Media Environment?” International Review of Law, Computers & Technology 33 (2): 122–38. https://doi.org/10.1080/13600869.2018.1475898. DOI :10.51655/ejl.2021.6 119 Shengelia Vol 7 (1) 2021 Fundamental Human Rights and Eroding Constitutionalism possess the possibility to exercise various basic rights, i.e. freedom of speech and expression. On the other, this new digital paradigm possesses vario