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Digital Constitutionalism - A Perspective Over The Increasing Role Of The Private Actors In Securing The Exercise Of Human Rights

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  • Ruxandra Andreea LAPADAT

    (Doctoral Law School, Bucharest University of Economic Studies, Romania)

Abstract

Digital constitutionalism is a notion that struggled to contour over the last decade, keeping the pace with the digitalization wave that hit the law field. The efforts did not emerge until this very moment, leaving enough space for both doctrine creation and practical initiatives' development. However, when trying to settle this concept to a definition, we will always keep in mind that the constitutional values can be translated only through the energy and power of the business sector. Private actors are now vested with some forms of power, that are no longer merely economic nature. Thus, being said, this new power brings along new responsibilities, including here the topic of human rights. This paper aims to show the unexpected, but much needed blend in the digital era between the business sector and the public sector. On a domestic level, we will analyze the increasing call and use of digital expertise in which private actors excel by the public sector, in order to respect the constitutional order. Secondly, by observing the shift that is being delivered between these areas on an international level, the transition from a liberal perspective to a constitutional strategy will be examined in detail.

Suggested Citation

  • Ruxandra Andreea LAPADAT, 2022. "Digital Constitutionalism - A Perspective Over The Increasing Role Of The Private Actors In Securing The Exercise Of Human Rights," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(1), pages 157-164, March.
  • Handle: RePEc:sja:journl:v:11:y:2022:i:1:p:157-164
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    More about this item

    Keywords

    digital constitutionalism; private actors; human rights; alternative dispute resolution methods.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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