Artificial Intelligence, Fundamental Rights, and Digital Constitutionalism from a Comparative Law Perspective: The EU, US, and China Regulatory Models

Abstract

The interplay among Artificial Intelligence (AI), fundamental rights, and digital con-
stitutionalism introduces innovative challenges from a comparative law perspective.
Disruptive technologies are reshaping society and challenging traditional legal frame-
works designed for analogue communities. The discussion introduces digital constitu-
tionalism as a new doctrinal framework that extends beyond nation-State regulation,
incorporating supranational, international, and transnational dimensions. This paper
contrasts regulatory models in the EU, US, and China, highlighting the EU’s comprehen-
sive, risk-based approach, the US’ decentralised, innovation-favouring approach, and
China’s sector-specific, iterative regulatory measures emphasising content moderation,
cybersecurity, and ideological alignment with socialist core values. Despite key differ-
ences, all three models share a commitment to transparency, accountability, and protec-
tion of fundamental rights. A comparative analysis reveals the need for harmonisation,
multi-stakeholder engagement, and adaptable legal frameworks. Ultimately, AI’s nor-
mative order calls for a balanced approach that promotes innovation while safeguard-
ing human rights in the digital era.