Sirota, Leonid Author aut Text xx# 2023 Verfassungsblog 2023-07-03 eng

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“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 Sirota, Leonid Constitutionalism Digital Constitutionalism Digital Rights Digital Services Act Platform Governance 342 https://verfassungsblog.de/a-constitution-without-constitutionalism/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20230703-231137-0 230703 10.17176/20230703-231137-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)