nam 22 uu 4500 10.17176/20230703-231137-0 DE-Verfassungsblog cr||||| 230703s2023||||xx#|||||o|||| ||| 0|eng|| 10.17176/20230703-231137-0 doi eng 342 23 Sirota, Leonid Author aut A Constitution without Constitutionalism - Re-thinking the “digital constitutionalism” debate Sirota, Leonid Verfassungsblog 2023-07-03 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier “Digital constitutionalism” has attracted a good deal of scholarly attention in recent years, much of it enthusiastic, some more sceptical. Just what constitutionalism means, and how this meaning can be transposed into a realm of private ― albeit increasingly regulated ― interactions rather than traditional public law, is part of the debate between the enthusiasts and the sceptics. All agree, however, that it is a normatively charged idea, a shorthand reference to certain values which include ― whether or not they are limited to ― respect for certain human rights. In this post, I argue that while we can indeed think of internet regulation in constitutional terms, we must first understand what I shall call the constitution of cyberspace. A descriptive effort must precede any normative projects directed at imposing values allegedly inherent in the notion of constitutionalism onto cyberspace. And further, understanding the constitution of cyberspace should at least make us wary of digital constitutionalism’s normative ambitions. CC BY-SA 4.0 Constitutionalism Digital Constitutionalism Digital Rights Digital Services Act Platform Governance Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://verfassungsblog.de/a-constitution-without-constitutionalism/ raw object