Articles for author: Leonid Sirota

New Zealand’s Constitution of Liberty

The New Zealand government has launched a consultation on a Regulatory Standards Bill that could shape both existing and future regulation. In addition to laying down principles to which regulation will be expected to conform, the bill would set up an institutional mechanism for implementing them. It is an ambitious undertaking which deserves attention beyond New Zealand’s shores for three reasons: first, its remarkably libertarian content; second, the unusual way in which it would be implemented; and third, what it can tell us about the ways in which an “unwritten” constitution changes―or doesn’t.

19. Dezember 2024

, , , ,

A Constitution without Constitutionalism

“Digital constitutionalism” has attracted a good deal of scholarly attention in recent years, much of it enthusiastic, some more sceptical. Just what constitutionalism means, and how this meaning can be transposed into a realm of private ― albeit increasingly regulated ― interactions rather than traditional public law, is part of the debate between the enthusiasts and the sceptics. All agree, however, that it is a normatively charged idea, a shorthand reference to certain values which include ― whether or not they are limited to ― respect for certain human rights. In this post, I argue that while we can indeed think of internet regulation in constitutional terms, we must first understand what I shall call the constitution of cyberspace. A descriptive effort must precede any normative projects directed at imposing values allegedly inherent in the notion of constitutionalism onto cyberspace. And further, understanding the constitution of cyberspace should at least make us wary of digital constitutionalism’s normative ambitions.

3. Juli 2023

, , ,