Abstract

The aim of this article is to investigate the impact of technology on constitutional law, in order to check whether modern constitutionalism is still able to achieve its traditional goals: limiting power and guaranteeing the protection of fundamental rights. In the digital world, the power to be limited is no longer the public power of the state, but rather the private power of digital platforms. By producing and enforcing law, digital platforms are able to affect users’ fundamental rights, especially freedom of expression. Taking note of the European Union’s efforts to regulate and limit the power of online platforms, this contribution attempts to answer the following question: must constitutionalism, in order to survive, become “digitalµ?