Towards a Digital Rule of Law: Redefining Citize –State Relations in Digital-Age Democracies1
Abstract
This article examines the normative tensions between classical conceptions of the rule of law and the structural transformation of democratic governance in the digital age. The main research hypothesis is that classical rule-of-law frameworks are no longer sufficient in the face of algorithmic opacity, the power of platforms, and automated decision-making, which necessitates the development of a renewed concept of a digital rule of law. The study employs three complementary methods: the dogmatic-legal method (analysis of EU legal acts, in particular the Digital Services Act, the AI Act, and the GDPR), the theoretical-legal method (analysis of the concept of the rule of law), and critical discourse analysis in relation to digital transformation. It argues that digitalisation is not merely a technical shift but a reconfiguration of the citizen–state relationship. On this basis, it develops three normative directions: digital constitutionalism as a framework for legitimising digital infrastructures, legal safeguards for public and platform-based uses of artificial intelligence, and more inclusive models of civic participation in digitally mediated lawmaking. The article concludes by formulating institutional recommendations for operationalising a digital rule of law in contemporary democracies.
© 2026 Artur Olechno, Sabina Grabowska, Hubert Kotarski, published by University of Białystok
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