Rule of Law, Constitutional Jurisdiction, and Technology in Peru

Landa C. · Rule of Law, Technology and Environment: Contributions to the World Law Congress 2023 in New York (2025) · DOI: 10.1007/978-3-031-76349-6_3

Resumen

The paper begins by presenting the accelerated process of digitalization of society and the State in the world, led by large technological platforms; which is a great advantage for human development but also a danger for fundamental rights, given that it feeds on personal data which impacts private and social life; replacing the constitutional public sphere in charge of the representatives of the people in a State of Law, with the market rules governed by the large technological platforms. Therefore, it realizes the modest progress in the regulatory regulation of new technologies in Peru, as well as the Peruvian administrative, judicial and constitutional jurisprudence that has been issued in recent years, which has exercised its countermajoritarian power over the private powers, to control and repair the excesses of digital platforms or the abuse in their use. Which is not enough, if there is no international regulation that establishes the guarantees and limits of technological development that has no borders, in order to avoid the deconstitutionalization of the Rule of Law.

Instituciones: Universidad Nacional Mayor de San Marcos