The Application of the Rule of Law Principle in Constitutional Law: Challenges in the Digital and The Globalization Era

Authors

  • Sarbini Sarbini Universitas Mayjen Sungkono, Indonesia Author
  • Dedy Muharman Universitas Mayjen Sungkono, Indonesia Author

DOI:

https://doi.org/10.59613/dh5ky390

Keywords:

Contitutional Principle, Constitutional Law, Digital Age, Globalization, Legal Challenges, Digital Governance

Abstract

The principle of the rule of law is a fundamental foundation in constitutional law that ensures that the government operates within the framework of the law and respects human rights. This research investigates the application of the principle of the rule of law in the context of constitutional law, focusing on the challenges that arise due to the digital era and globalization. Through normative legal research methods, this study critically examines primary and secondary legal sources, including constitutional provisions, court rulings, and relevant legislation, to assess how the principle of the rule of law adapts to rapid technological advances and transnational interactions. In addition, this study also explores how digitalization affects transparency, accountability, and public access to justice, while globalization raises issues related to sovereignty and jurisdictional boundaries in constitutional governance. The results show that although the principle of the rule of law remains a key pillar in constitutional order, it faces significant challenges in maintaining consistency and fairness, both on digital platforms and in the international realm. The study concludes by proposing a more adaptive legal framework that integrates digital governance mechanisms and encourages international cooperation to uphold the principle of the rule of law in an increasingly globally connected world. These findings provide valuable insights for policymakers, legal practitioners, and academics working at the intersection of law, technology, and global governance.

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Published

2024-10-25