Constitutional Discourse is an initiative of European academics and professionals brought to life by the tense atmosphere of the European and Western constitutional dimension.| Constitutional Discourse
Debates on automated content moderation have resurfaced in recent years, driven by the rapid scaling of AI technologies and the growing divergence between regulatory approaches across regions. The freedom provided by the Communications Decency Act Section 230 has opened huge […] The post The Path to Automatic Moderation appeared first on Constitutional Discourse.| Constitutional Discourse
AI systems are having an increasingly significant impact on everyday life; at the same time, they are introducing new risks. In response, the EU has made the introduction of regulatory sandboxes mandatory, offering a safe environment for development. The objective […] The post AI Development Within Legal Boundaries: The Role of Regulatory Sandboxes in the EU appeared first on Constitutional Discourse.| Constitutional Discourse
One of the most significant challenges for any liberal democracy is ensuring adequate and appropriate transparency and citizen oversight of the nation’s security services. How can we ensure that these services have the tools they need to be effective while […] The post “What’s in a Name?” US Senators Attempt to Criminalize Naming Immigration Officials appeared first on Constitutional Discourse.| Constitutional Discourse
The arrival of GPT-5 has brought not only technical advancements but also heated debates within the user community. While the new model offers enhanced multimodal capabilities, safer operation, and greater customization, many users miss the more personal and engaging tone […]| Constitutional Discourse
In the 1780s, America’s founding generation devised a constitutional system that quickly became incapable of governing an extended republic. The story is familiar to students of American history: the Articles of Confederation rendered the national government unable to establish a […] The post What’s the Real Enemy of American Innovation? appeared first on Constitutional Discourse.| Constitutional Discourse
The development of Artificial Intelligence systems relies heavily on vast amounts of publicly available data, raising increasingly complex legal and ethical questions. The automated collection of digital content has become a routine practice in science, industry, and the media, yet […] The post From Data to Dispute: What Can (and Can’t) Be Done in the World of Web Scraping appeared first on Constitutional Discourse.| Constitutional Discourse
Last week, the German Federal Constitutional Court (BVerfG) issued a long-awaited ruling on Germany’s extraterritorial obligations to protect fundamental rights (2 BvR 508/21). The case concerned the US air base in Ramstein and the US Air Force’s drone missions in […] The post Loyalty Before Legality: German Constitutional Court on the Ramstein Air Base and extraterritorial duties to protect appeared first on Constitutional Discourse.| Constitutional Discourse
As sanctions become a central tool of EU foreign policy, their enforcement has shifted away from courts and into the hands of national Financial Intelligence Units (FIUs). These bodies, originally designed to fight financial crime, now freeze assets across borders […]| Constitutional Discourse
The battle over higher education is the product of a century of constitutional overreach. Congress, presidents, and the Supreme Court expanded federal power over colleges and universities through a broad reading of the Spending Clause (Article I, Section 8, Clause […] The post American Higher Education and the Empire of the Spending Clause appeared first on Constitutional Discourse.| Constitutional Discourse
The US Court of International Trade (USCIT) ruled against president Trump’s tariff policy executed globally under the International Emergency Economic Powers Act, 1977 (IEEPA, 1977) marking a watershed moment in the constitutional evolution of presidential authority over imposing tariffs. The […] The post From Nixon to Trump: The Constitutional Limits of Presidential Tariff Authority in Economic Emergencies appeared first on Constitutional Discourse.| Constitutional Discourse
In a landmark move blending medical science with progressive labor policy, Portugal has become one of the first countries in Europe to legally recognize the debilitating effects of menstrual “disorders” in its employment laws. As of April 2025, workers diagnosed […]| Constitutional Discourse
As AI systems grow more powerful, the role of synthetic data is coming under increasing scrutiny. Once seen as a niche solution, it is now a central tool in addressing data scarcity, privacy concerns, and training efficiency. But with its […]| Constitutional Discourse
The recent electoral and democratic crisis in Romania was caused by a sequence of political and legal events that occurred between October 2024 and May 2025, rendering the entire presidential election process highly ambiguous and problematic. Meticulously prepared by the […]| Constitutional Discourse
The question of age and leadership capacity in the presidency has gained renewed urgency in recent years, as the United States witnesses an aging political class with its two most recent presidents being the oldest ever elected to office. This […]| Constitutional Discourse
The polite and consensual responses of AI systems are not accidental: the RLHF technique and the preferred mechanism of consensual communication together condition models to make discourse smooth, even at the expense of reality. This servile behavior not only distorts […]| Constitutional Discourse
