Digital Constitutionalism: Protecting Fundamental Rights in an Era of Automated State Power

Abstract

The accelerating integration of automated decision-making, predictive analytics, and biometric surveillance into public administration has fundamentally altered the constitutional landscape of modern governance. As states increasingly rely on algorithmic systems to allocate welfare benefits, monitor public spaces, assess risk, and shape information environments, traditional mechanisms designed to protect fundamental rights face unprecedented strains. This narrative review examines the evolution of algorithmic governance and its implications for privacy, equality, freedom of expression, due process, and democratic participation. It analyzes how opacity, embedded bias, and the rising influence of private technology companies disrupt long-standing constitutional protections and weaken accountability structures. The review also evaluates regional approaches to digital constitutionalism, including the comprehensive regulatory architecture of the European Union, the fragmented model of the United States, the expanding digital authoritarianism in parts of the Global South, and the aspirations of multilateral soft-law initiatives. Across these contexts, significant gaps remain in transparency, oversight, and rights enforcement, revealing systemic vulnerabilities in the governance of automated state power. The article argues that effective digital constitutionalism must embed rights protections within algorithmic systems themselves, supported by robust judicial review, independent oversight bodies, mandatory impact assessments, and clear procedural guarantees such as explanation, contestation, and human oversight. Ethical considerations including digital inclusion, public trust, and the protection of vulnerable groups further shape the legitimacy of digital governance. The review concludes that constitutional principles must evolve to ensure that technological innovation strengthens rather than undermines the integrity of democratic governance and the protection of fundamental rights.