Author Interview: 'Digital Constitutionalism in Europe'
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Giovanni De Gregorio
University of Oxford
Giovanni De Gregorio tells us about his new book, ‘Digital Constitutionalism in Europe’.
Tell us a little bit about the book.
This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework for analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society.
What inspired you to take up this project?
This book is part of my research on digital constitutionalism. It came from my interest in positioning constitutionalism in the digital age. Although constitutionalism contributes to defining the architecture of rights and powers in our society, it has not been considered the primary angle to address the challenges of the digital age so far. Now that the consolidation of the algorithmic society is leading towards a reframing of rights and powers, I felt that we could not delay this discussion any longer. The consolidation of tech giants and the implementation of algorithmic technologies in the public sector are just two examples underlining that, if we want to protect rights and democratic values, it is time to talk about the role of constitutionalism in the digital age. This book also contributes to building bridges for interdisciplinary conversations between legal scholars, computer scientists and policy makers, particularly considering the intimate intersection between the rule of law and the rule of tech.
What challenges did you face in writing the book?
Writing a book is always challenging. Particularly, in this case, the reactions of the law to technological innovation or the institutional and political nuances across constitutional systems are only two examples of the issues that need to be addressed when researching digital constitutionalism. I believe that the most important challenge has been searching for a language to bring together scholars working on constitutional and public law with experts in law and technology and computer scientists. I have been guided by many different sources, including random readings, informal conversations and exchanges of views with scholars and policy-makers. I believe that digital constitutionalism provides a research angle which is critical for stressing interdisciplinary conversation. This consideration also extends to policy-makers who can rely on a constitutional framework to address the evolution of European digital policy.
What do you hope to see as the book’s contribution to academic discourse and constitutional or public law more broadly?
This book aims to provide one of the first comprehensive studies on digital constitutionalism, particularly focusing on the European context, to trigger further debates on the constitutional challenges of the digital age. This research is only a first step for an area of study that deserves more attention, particularly if we want to understand how to ensure the protection of constitutional values in the algorithmic society. This will not only require questioning traditional categories and understanding how rights and powers are exercised in the digital age. Digital constitutionalism will also help to critically examine the role of constitutionalism as a model for the digital age.
What’s next?
I plan to continue my research on digital constitutionalism. I am interested in examining the comparative nuances across different constitutional systems and how they react to the exercise of rights and powers in the digital age. Particularly, my goal is to expand the research on digital constitutionalism, and I believe that collaboration with scholars from different disciplines will be critical to understanding the role of constitutionalism in the digital age.
'Digital Constitutionalism in Europe’ is available at Cambridge University Press. For a 20% discount enter the code ‘DCE2022’ at the checkout.
Giovanni De Gregorio is Postdoctoral Researcher at the Centre for Socio-Legal Studies, University of Oxford
Suggested Citation: Giovanni De Gregorio, ‘Author Interview: Digital Constitutionalism in Europe’ IACL-AIDC Blog (7 June 2022) https://blog-iacl-aidc.org/just-published/2022/6/7/author-interview-digital-constitutionalism-in-europe.