The Chilean constitutional-making process

a case study in decolonising and reframing digital governance


  • Verónica Mery Global Data Justice



Chilean Constitution making-process, Digital Governance, Decolonising, Constitutional Law, Constitutional Convention, Digital Constitutionalism, Digital Colonialism, Fundamental Rights


The Chilean constitution making-process appears to be one of the most interesting democratic exercises of recent times within the context of a connected society and the increased interest in constitutionalism as a way of shaping and countering digital colonialism and digital constitutionalism, respectively.

Consequently, this paper explores how the Chilean constitution-making experience contributes to framing and re-imaging the rise of digital constitutionalism by addressing the challenges of digital colonialism within a constitutional framework.

The primary goal of this article is to analyse the path and the digital regulatory provisions of the Chilean Constitutional Convention to explore how both processes seek to offer a new approach to defining digital space through a constitutional lens. The included fundamental rights and principles should at least open the debate on the urgency to rethink how we respond to digital colonialism through a constitutional approach.



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Special Issue: Data, Law and Decolonisation

How to Cite

The Chilean constitutional-making process: a case study in decolonising and reframing digital governance. (2024). Technology and Regulation, 2024, 103-114.