Asymmetric sovereignty: Administrative Law facing the challenge of regulating the digital space

Abstract

This article analyzes the inadequacy of traditional administrative law tools to effectively regulate the digital space. It postulates that we face an “asymmetric sovereignty” where global private actors, like digital platforms, exercise quasi-public functions that challenge the authority of the State. This article will explore three critical axes: i) The redefinition of the State’s police power regarding content moderation and competition in digital markets; ii) The protection of citizen’s rights, like algorithmic due process, data protection, in interactions with digital administrations and platforms; and iii) the need to evolve toward agile and transnational regulatory governance models. Finally, a series of proposals will be made regarding the future of administrative law, which depends on its capacity to adapt, incorporating principles of co-regulation, interoperability, and a new institutional architecture for digital governance.