Resensi Buku : Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society (2022)
Book Title: Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
Year: 2022
This book explores the role of constitutionalism in the digital age, particularly within the European context. Giovanni De Gregorio analyzes how the power of technology platforms has altered the relationship between fundamental rights and state authority. With an in-depth approach, the book demonstrates the transition from a digital liberal approach toward a stronger constitutional framework to protect democracy and human rights in an algorithmic society. This book is highly relevant for readers interested in platform regulation, digital rights, and the future of democracy amidst the dominance of technology corporations.
Main Content Summary
This book consists of seven main chapters. The opening chapter introduces the concept of digital constitutionalism and the challenges faced by traditional constitutionalism. Subsequent chapters discuss the rise of platform power, the shift in governance from public to private, the relationship between content and data, as well as the protection of freedom of expression and privacy. The concluding chapter summarizes the future direction of European digital constitutionalism, including the tension between digital humanism and digital capitalism.
Main Argument
De Gregorio argues that the algorithmic society has created a new private power that competes with public authority. Technology platforms not only provide services but also exercise quasi-public functions such as content moderation and data processing without adequate oversight. The author emphasizes the need to "reframe" European constitutionalism to curb this unaccountable power, relying on the principles of human dignity, democracy, and the rule of law as primary foundations. Europe is seen as having a unique potential to develop a balanced constitutional approach amidst the dominance of the US liberal model.
Book Advantages
- In-depth Analysis: Combines perspectives of constitutional law, platform regulation, and comprehensive European case studies.
- Critical Approach: Highlights the risks of digital capitalism while offering a constructive normative framework.
- Global Relevance: Although focused on Europe, this book provides valuable lessons for other countries facing platform power.
- Clear Structure: Flows logically from theoretical introductions to policy recommendations.
Critical Notes
This book is heavily oriented toward the European context, so readers outside that region may need adjustments to understand its relevance locally. Some sections are theoretical and philosophical, which may feel heavy for beginners in the field of technology law.
Conclusion and Recommendation
Digital Constitutionalism in Europe successfully explains how constitutionalism can serve as a shield against platform power in the algorithmic society. This book underscores the importance of maintaining a balance between technological innovation and the protection of democratic values. It is highly recommended for law students, political science students, communication students, and policymakers dealing with digital regulation. In Indonesia, this book can serve as a valuable reference to strengthen legal frameworks in facing global platform dominance and protecting the digital rights of society.
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