On the Constitution of Algorithms

The widespread use of algorithms and technologies of artificial intelligence profoundly shapes social structures and dynamics. This contribution explores the intricate relationship between algorithmic governance and the idea of the constitution, aiming to elucidate the transformative impact of these technologies. We suggest that the constitutional perspective offers a comprehensive lens through which to make sense of and navigate the concrete challenges posed by the ascent of the algorithmic society. More specifically, we argue that algorithms, guided by logics of calculation and prediction, provide a competing model of the political-legal order embodied in the democratic constitution. Central to our analysis is the shift from the legality of the law to a new “legality of the normal” detached from public deliberation and the collective construction of meaning. This shift disrupts and reconceptualizes the established coupling of law and politics characteristic of the modern constitution.