Abstract
The article discusses the problems of identifying digital and informational constitutionalism, the relationship between the informational society and constitutionalism in Russia, the concept of constitutional public initiatives, the nature of digital constitutional rights and digital rights in public law. The scientific work reveals the factors of influence on constitutionalism (digitalization, globalization, democratic participation, opposition to liberal and democratic forms of constitutional democracy). The author used general and specific scientific methods, formal legal, specific historical, comparative legal and complex analysis of legal acts, state-legal practice, methods of constitutional design and legal hermeneutics for interpreting the normative foundations and prospects for improving Russian constitutionalism. Research novelty and conclusions: the nature of digital constitutionalism is a symbiosis of constitutional principles of government, constituent power and digital forms of their implementation, digital constitutionalism arises in domestic and international jurisprudence, the article develops the theoretical foundations of deliberative and imperative constitutional public initiatives.
Translated title of the contribution | Digital constitutionalism: methodological and legal aspects |
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Original language | Russian |
Article number | 2 |
Pages (from-to) | 19-33 |
Number of pages | 15 |
Journal | Gosudarstvo i Pravo |
Issue number | 1 |
DOIs | |
Publication status | Published - 2022 |
Keywords
- constitutional democracy
- constitutional digital rights
- constitutional public initiatives
- constitutionalization
- digital constitutionalism
- digitalization
- globalization
- informational society
OECD FOS+WOS
- 5.05 LAW
State classification of scientific and technological information
- 10 STATE AND LAW. LEGAL SCIENCE