Reassessing Democratic European Governance in the AI Era: The Path to Artificial Constitutionalism

The increasing reliance on Artificial Intelligence (AI) in public administration, law enforcement, and policymaking raises critical constitutional questions concerning legitimacy, transparency, and the rule of law. Although AI-driven decision-making promises greater efficiency and impartiality, it simultaneously risks undermining democratic principles by shifting sovereignty from public institutions to private corporations that design, develop, and control these powerful technologies. Building on the current state of doctrinal scholarship and jurisprudence, a focused analysis of the European AI Act illustrates that AI must remain an instrument for strengthening democratic governance rather than eroding it. The question, therefore, is not whether democracy can endure in the age of AI, but how democratic Member States can harness technological innovation while safeguarding their foundational constitutional values. Addressing these challenges proactively offers the possibility of shaping an AI-driven future that remains consistent with European democratic ideals, reaffirming, not redefining, the constitutional order in the digital age.