📄 Abstract
This study critically examines how the fast-growing presence of algorithmic governance, artificial intelligence, platform power and decision-making based on data is transforming the principles of the constitution and democratic legitimacy and uses the idea of digital constitutionalism as the method of adjusting classical constitutional values in digitally mediated societies. With a limited comparative analysis, a doctrinal, analytical and exploratory research design, the study appraises the constitutional provisions, judicial decision, statutes and regulatory provisions in a selected jurisdiction with the assistance of the secondary source, which includes case law, policy documents and regulatory guidelines. The results demonstrate that the judicial system and regulatory authorities have an important role in the integration of constitutional values, such as privacy, proportionality, transparency, accountability, and due process, into digital governance mechanisms, which will help prevent executive and corporate overreach. The fact that landmark judicial interventions and new regulatory regimes are highlighting that the legitimacy of democracy today is not just determined by the process of electing but also by the ability to explain, audit, and check and balance by algorithms, explain ability, auditability and institutional oversight. The study concludes that digital constitutionalism is the core to constitutional democracy in the modern digital age.
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📚 How to Cite:
Sushma, Ritu Maity , DIGITAL CONSTITUTIONALISM AND DEMOCRATIC LEGITIMACY IN THE CONTEMPORARY ERA: A COMPARATIVE ANALYSIS , Volume 12 , Issue 2, February 2026, EPRA International Journal of Multidisciplinary Research (IJMR) , DOI: https://doi.org/10.36713/epra26125