The necessity of constitutional reforms in the context of an electronic society and the legal foundations of the ‘smart constitutionalism’.

Abstract

The accelerating pace of digital transformation and the rise of artificial intelligence have created unprecedented challenges and opportunities for constitutional governance. This article explores the necessity of constitutional reforms in response to the emergence of electronic societies, proposing the concept of “smart constitutionalism” as a legal paradigm that integrates digital realities with classical constitutional principles. Through a comparative analysis of pioneering constitutional developments in countries such as Greece, Mexico, and Chile, the paper examines how digital rights, internet access, and neuro-rights are being embedded into supreme legal frameworks. Special attention is given to Azerbaijan’s progress in digital state-building, data protection, and e-governance, with an emphasis on the need for further constitutional alignment. The article argues that while classical constitutionalism remains foundational, it must be adapted to accommodate cyber sovereignty, digital identity, and the legal implications of algorithmic governance. By tracing the intersections of law, technology, and public administration, the study underscores the urgency of embedding digital rights, cybersecurity, and AI regulation at the constitutional level. Ultimately, the article posits that “smart constitutionalism” should serve both as a safeguard for fundamental rights and as an enabler of transparent, automated, and accountable governance in the digital age.