Digital Constitutionalism in Creating a New Constitutional Equilibrium

Digital technologies have reshaped society towards an online. The internet is an essential launching pad for implementation and promoting human rights. Yet, digital technologies also create some conflicts with respect for human rights, such as the increase of digital surveillance infrastructures, dissemination of hate speech, cyberbullying, cyber terrorism and the growing spread of disinformation. Digital technology makes some changes in the constitutional ecosystem. Constitutional equilibrium relies on two basic functions of constitutional law: protecting fundamental rights and balancing powers. Digital technology adopts its nature into a constitutional ecosystem, creating a new equilibrium between constitutional institutions/human rights and digital technology. Therefore, how do constitutions in the digital age work with global digital companies? The dominant role of private companies is to limit arbitrary power and protect fundamental rights. Digital constitutionalism deals with constitutional challenges with the principles of the rule of law, legitimacy-representation, and remedies. The international human rights law system considers digital technology a drastic component of constitutionalism, which requires states to regulate digital technology on both counts of supporting and hindering human rights.