Integration through the Constitution: From Language and its Territorialization and Non-Territorialization to De-Territorialization by Digitalisation

Abstract Societies and their constitutions evolve over time and, according to several theories, also through different stages. Prominent academics such as Rudolf Smend, a constitutional law scholar, and Ernest Gellner, a social anthropologist, have proposed theories on such evolution and on how constitutions and societies in which they exist perform various integrative functions. At present, it appears that a paradigmatic change is taking place due to the rapid advancement of digitalisation and algorithmisation of societies, for instance, by means of automated decision-making. Against the backdrop of the integration theories of Smend and Gellner, what mode of constitutional integration might there exist when the paradigm of algorithmic society has taken over societies (in case such a development ever happens)? How should constitutions be prepared for such a paradigmatic change so that they remain relevant? It is proposed here that digitalization and especially algorithmisation of many functions in society and in public administration will force through a shift into a next stage of social organization with consequences for the constitutions of countries especially with a view to the integrative function of the constitution.