Loading...

Oreste Pollicino e Giulia Gentile, Digitisation and the Separation of Powers: Regulation, Infrastructure, and Ecosystem, in Law, Innovation and Technology, vol 19.1, Forthcoming, 2027

The advancement of digitisation in the state injects novel dynamics in the public sphere. The emergence of the digital state paradigm stretches not only the traditional functioning of the public machinery, but also one of the tenets of contemporary liberal democracy and the rule of law, that is the principle of separation of state powers. On the one hand, the interplay between digitisation and state powers highlights that the former acts as a meta-power which inserts itself in and moulds the trias politica. On the other hand, separation of powers is reconfigured on three levels: regulation, infrastructure, and ecosystem. These findings evidence the need to rethink the traditional separation of power for the digital age. This study advances strategies to do so while avoiding the creation of Lev(AI)thans.

La pubblicazione è disponibile qui: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6747778

Condividi su: