Il costituzionalismo digitale. La regolazione delle mutazioni tra ibridazione e frammentazione

The analytical subject of the essay is digital Constitutionalism, that political process emblematically marked by the rooting of constitutional rights and principles in the context of the global governance of digital technologies, especially the Internet. The disruptive impact of digital and algorithmic technologies on contemporary legal arrangements has transformed the conditions of public action, refuted the consolidated democratic models, tested the sovereignty of states, redistributed the roles between public and private, renewing the game of confrontation between interests individual and collective, and also putting at risk the balance of the constitutional ecosystem. The intersection between cyberspace governance and constitutionalism, which derives from it, opens up to specific issues relating to the fragmentation of fundamental rights and democratic values, the constitutional boundaries of digital sovereignty and the prevalence of hybrid powers in the digital environment. An environment which certainly represents an extraordinary opportunity to guarantee and offer cross-border services and exercise individual freedoms, and which confronts constitutional law with a series of challenges that are by no means negligible, not only because it calls into question the protection of certain rights fundamentals, but also because it affects, invading it, the traditional space for action reserved for public authorities. The questions addressed in the essay pertain to the definitional connotation of "digital constitutionalism" and to the challenges that have come true starting from the construction of the paradigm: it is plausible to implement a model of constitutionalism capable of reviewing and rebalancing the system of freedoms and powers in the frame of cyberspace? Are the new forms of rights and the new face of freedoms brought into play by digital technologies situated in the context of traditional constitutional freedoms or do we need to develop new constitutional norms to define them? If it is possible to regulate the digital ecosystem, what is the necessary level of regulation which is responsible for this task and what is the space reserved for the State - whose sovereignty certainly falters and retreats in such a hypertrophic, dematerialized and fragmented context - which cannot ( and must he not) completely abdicate his role?