Costituzione e società algoritmica: riflessione a margine dell'opera di Francisco Balaguer Callejón’s

Abstract

L'A. links the “algorithmic society” to constitutionalism, arguing a paradigm shift: alongside classic bases of legitimacy, the algorithm now shapes consent and voter choice. She highlights Balaguer’s five constitutional ruptures (cultural unity; physical/virtual split; information mediation; value framework; economic constitution) as stress tests for rights and democracy. The EU moved from early “digital liberalism” to a more rights-protective stance, though important gaps remain. Risks from platform monopolies (profiling, filter bubbles) demand proactive tools beyond traditional antitrust. Core claim: constitutionalize the algorithm and digitalize the Constitution, re-designing sources, rights, and safeguards in the digital realm. AI is seen as a natural outgrowth of the algorithmic society, with benefits but also improper uses that threaten fundamental rights. Jurists must reconnect Constitution and reality, updating categories while preserving constitutionalism’s civilizing function. Bottom line: build controls where power now lies (often beyond the State), safeguarding pluralism and accountability