Estado y democracia v. X.X. Las posibilidades de un constitucionalismo digital

Abstract

In a forward-looking exercise towards 2058, this academic article presents a perspective on the impact of artificial intelligence (AI) on the reshaping of power, freedom, and democracy, questioning the necessity of the constitutional democratic state in a world dominated by technology. On one hand, the efficiency and problem-solving capabilities of ais suggest that they could offer more effective mechanisms for public administration, surpassing the bureaucratic limitations of traditional human structures. This stance posits that, by relying on ai for optimized solutions, we might come to question the relevance of traditional principles, values, and normative and institutional structures, which have been forged through complex historical-political processes. On the other hand, the opposing argument warns about the risks of excessive technological dependency. Despite the advantages that ai can offer, its unregulated or unscrutinized dominance could threaten human freedoms and rights, creating inequalities and adverse effects. The main reflection of the work revolves around «digital constitutionalism,» a proposal that seeks to balance the benefits of ai with democratic values and constitutional principles. This approach defends the idea that it is possible, and necessary, to harmonize technology with the respect and promotion of human rights, thereby preventing technological efficiency from prevailing over democratic guarantees or necessarily leading us to have to choose between one vision or the other.