Does digitalisation create a new type of public law?

This paper discusses the impact of digitalisation on public law – focussing on structural changes. It asks whether such changes are indeed observable and to what extent they are caused by digitalisation. This assessment aims at determining whether digitalisation creates, or contributes to creating, a new “type” of public law. The paper focuses on two indicators: (1) actors and (2) legal and institutional structures.
It addresses questions such as the following:
– on actors: which actors participate in law-making and in adjudication; which actors have the broadest influence on shaping the law; is there a difference in how certain actors use existing rules
– on legal and institutional structures: do we see the creation of novel institutions (including courts); does the effectiveness of existing institutions change; to what extent is normative regulation formalized or informal; are there shifts in the (perception of) coherence of certain sets of legal norms