The intersection of digital power and the rule of law has become a critical area of concern as emerging technologies increasingly influence societal, political, and economic systems. Digital platforms, artificial intelligence, big data, and machine learning have amplified the capabilities of organizations and governments, raising concerns about their impact on individual rights, fairness, privacy, and accountability. This article explores the evolving relationship between digital power and the rule of law, focusing on how traditional legal frameworks are adapting to govern the complexities of digital technologies. Through a mixed-methods approach that combines theoretical analysis, case study review, and legal framework evaluation, the study assesses the adequacy of current legal systems in addressing the challenges posed by digital platforms and their inherent power structures. The article examines several case studies, such as data privacy laws, algorithmic fairness, and cybersecurity, to highlight the risks and opportunities in regulating digital power. It argues that while existing legal frameworks offer some protections, there is an urgent need for international cooperation and legal reforms to ensure that the digital age does not undermine the fundamental values of justice, transparency, and human rights.

Digital power, Rule of law, Legal governance

See, for e.g., Julie Cohen, Between Truth and Power: The Legal Constructions of Informational Capitalism (Oxford and New York: Oxford University Press, 2019); Shoshana Zubboff, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power (New York: Public Affairs, 2019); Seth Lazar, “Power and AI: Nature and Justification”, in Justin Bullock and Johannes Himmelreich (eds.), The Oxford Handbook of AI Governance (Oxford and New York: Oxford University Press); M Micheli et al., “Emerging Models of Data Governance in the Age of Datafication”, Big Data & Society 7(2) (2020), https://doi.org/10.1177/2053951720948087.

Law’s Rule at p. 3.

There is a growing literature on platform governance that takes this approach to the analysis of platform power. See, for example, Kate Klonick, “The New Governors: The People, Rules, and Processes Governing Online Speech”, Harvard Law Review 131(6) (2018): pp. 1598–1670.

Joseph Raz, “The Rule of Law and Its Virtue”, The Law Quarterly Review 93 (1977): pp. 195–211.

But see also Jeremy Waldron, “The Concept and the Rule of Law”, Georgia Law Review 43(1) (2008): pp. 1–61; Robin L. West, Re-Imagining Justice: Progressive Interpretations of Formal Equality, Rights, and the Rule of Law (Ashgate, Aldershot, 2003).