Constituent Power 2.0

The notion of constituent power is one of the conceptual cornerstones of constitutional law. It is rooted in the constitutional legal theory of the beginning of the 20th century. More than hundred years later, the political and social environment has deeply changed. The fourth industrial revolution generates new democratic practices in terms of participation and constitution-drafting. Recently, new experiences have still flourished all around the world, and especially in Europe and in the Global South.

This paper aims to present these new technological developments and to analyze their effects in the framework of the constitution-making. The question of participation will be analyzed through the use of new instruments – algorithms – and tools – apps. One the other side, the question of constitution-drafting will be addressed through the issue of the authors and material sources of law, which are made accessible through digital data platform.