Communicative Constitutionalism, Constitutional Involvement and Citizenship in the Public Legal Space of Algorithmic and Information Society

Abstract

The paper dwells on theoretical foundations and methodological significance of communicative constitutionalism, provides an academic basis for constitutional communication in the public legal space, shows the problems of constitutional law nature arising in the information society. Communicative constitutionalism and digital citizenship are considered as hybrid institutions in the field of public law and information space. The author draws attention to the nature and significance of the institute of public participation or the institute of public participation in the public law area, various forms of its manifestation, notes the process of institutionalization of constitutional law as the law of society and public interests based on the research of domestic and foreign scholars The paper explains the public law nature of communicative constitutionalism, the complex nature and transformation of citizenship as a public law and as an information-digital entity. As a conclusion, it is noted that there is a fragmentation and dispersion of legal regulation and institutional design of institutions of public initiatives, public discussions and the identification of public opinion concerning publicly significant issues, draft regulatory legal acts, and constitutional amendments. There is no institution of scientific expertise guaranteed by constitutional legislation along with public discussion.In the order of legal scientific initiatives the author proposes to: 1) incorporate into the legislation the principle of scientific federalism and public participation in the development of draft amendments to the Constitution of the Russian Federation and the draft of a new Constitution; 2) consolidate at the legislative or constitutional law level the obligation of subjects of the initiative to revise the Constitution and constitutional amendments to send draft amendments submitted to the State Duma, to the leading universities of the country, research institutes of the Russian Academy of Sciences in order to conduct discussions and adopt conclusions; 3) create legislative guarantees to attract citizens through Internet technologies to discuss the content of amendments to the Constitution, the draft of a new Constitution, including the right to propose revisions of certain norms