- 著者
-
山本 健人
- 出版者
- 情報法制学会
- 雑誌
- 情報法制研究 (ISSN:24330264)
- 巻号頁・発行日
- vol.13, pp.56-71, 2023 (Released:2023-08-26)
The purpose of this article is to describe the ongoing debate around the emerging field of “digital constitutionalism” and to examine the significance of this debate, mainly for Japanese constitutional law studies.
To this end, Section II of the article reaffirms the traditional understanding of constitutionalism and constitutional law. In Section III, I provide an overview of the changes in the environment surrounding constitutional studies brought about by digital technology: the strengthening of state power, the emergence of private power actors alongside the state, the dramatically enhanced exercise of fundamental human rights, and he increased risk of infringement on certain rights. In Section IV, I argue that, at present, digital constitutionalism can be seen as (1) an “ism” that aims to make the values of constitutionalism the basic principle of digital space and (2) an umbrella term that encompasses and collectively refers to a series of studies that analyze various ways to realize the values of constitutionalism in the digital space. In Section V, I address the following four questions (i) whether the basic principle of digital space can be the value of constitutionalism, (ii) how constitutional studies face the transformation or evolution of constitutionalism, (iii) whether digital constitutionalism offers specific measures to constitutionalization digital space, and (iv) what is the role of constitutional studies under the pluralism of legal orders in digital space.