Il principio di proporzionalità nell’ambiente digitale: modelli di bilanciamento e densità tecnologica

The Principle of Proportionality in the Digital Environment: Balancing Models and Technological Thickness

Abstract

The principle of proportionality in the digital environment: balancing models and technological thickness – The contribution explores the principle of proportionality in the digital environment, analyzing its impact on constitutionalism, especially in continental Europe. It argues that proportionality, meant to balance clashing fundamental rights, can blur constitutional guarantees. The discussion takes a transnational perspective, emphasizing common aspects over differences among European states. The article first characterizes constitutional framework in the digital context, then discusses the role of proportionality in resolving value conflicts (and its theoretical assumptions), and explores the impact on the rule of law. It outlines digital-specific aspects and concludes with some final remarks on the possible rehab of constitutional guarantees in an increasingly ineffable regulatory context.

Keywords: Balancing rights; Digital environment; European constitutional law; Human-centered technology; Proportionality.