DIGITAL CONSTITUTIONALISM - A PERSPECTIVE OVER THE INCREASING ROLE OF THE PRIVATE ACTORS IN SECURING THE EXERCISE OF HUMAN RIGHTS

Ruxandra Andreea Lapadat ()
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Ruxandra Andreea Lapadat: Doctoral Law School, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2022, vol. 11, issue 1, 157-164

Abstract: Digital constitutionalism is a notion that struggled to contour over the last decade, keeping the pace with the digitalization wave that hit the law field. The efforts did not emerge until this very moment, leaving enough space for both doctrine creation and practical initiatives' development. However, when trying to settle this concept to a definition, we will always keep in mind that the constitutional values can be translated only through the energy and power of the business sector. Private actors are now vested with some forms of power, that are no longer merely economic nature. Thus, being said, this new power brings along new responsibilities, including here the topic of human rights. This paper aims to show the unexpected, but much needed blend in the digital era between the business sector and the public sector. On a domestic level, we will analyze the increasing call and use of digital expertise in which private actors excel by the public sector, in order to respect the constitutional order. Secondly, by observing the shift that is being delivered between these areas on an international level, the transition from a liberal perspective to a constitutional strategy will be examined in detail.

Keywords: digital constitutionalism; private actors; human rights; alternative dispute resolution methods. (search for similar items in EconPapers)
JEL-codes: K10 K38 (search for similar items in EconPapers)
Date: 2022
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