The sources of digital society: potential and limits of new normative paradigms

Abstract

The transformation of the system of sources of law in the digital age is examined in this essay from a constitutional perspective, in light of the Digital Services Package and, in particular, the European Regulations on digital platforms and artificial intelligence. The new phase of centralisation of regulatory power at the supranational level has significant effects on the domestic legal system. The rules governing the relationship between national law and European Union law are intertwined. The metamorphosis of soft law sources is evident. A new articulation of power is given rise to by this interaction, in which the normativity of technology takes on increasing public relevance but is not always accompanied by adequate democratic legitimacy