The Impact of Digitalization on Constitutionalism: Ukrainian Realities in the Context of European Integration

Abstract

Abstract. The process of digitalization, which has encompassed the virtual information environment, today affects all spheres of social relations: informational, political, legal, economic, financial, etc. The digitalization of the constitutional process has two main aspects: the constitutionalization of digital rights and the digitalization of law-making processes. In this regard, the regulation of a new group of human rights – digital, in particular, the protection of personal data, the right to access information, the right to be forgotten and other rights that were previously identified as human information rights – acquires special importance. The purpose of this article is to consider the main theoretical models of digital constitutionalism and illustrate the advantages of adopting a socio-legal approach to its analysis in the context of state regulation. Due to the lack of research by domestic scientists on this topic, the doctrinal method was used, thanks to which the analysis of legal doctrines and their practical application by foreign scientists has been carried out recently. The work also uses comparative and predictive methods that allow analyzing modern scientific approaches to the issue of legal regulation of the digital space. The publication analyzes for the first time the use of constitutional narratives in the management of social media platforms and the legal possibilities of regulating digital rights, based on the concepts of digital constitutionalism. It analyzes how digital constitutionalism influences public administration in applying constitutional values in regulating the private sector of the Internet, and how, in turn, public administration of digital/information human rights depends on a liberal and normative approach to digital constitutionalism. It is concluded that digital institutionalism is a project that focuses on achieving institutional balance between public regulation of the digital environment and regulation by private corporations in order to prevent the establishment of disproportionate discursive power in the field of law and technology as the main factor that can contribute to a "constitutional crisis" in the field of digital transformation of the public administration system.

Keywords: cultural and natural heritage; international protection; UNESCO; international documents; human rights.