E-governance in constitutional systems: Opportunities and challenges — a comparative study

Abstract

E-governance has become a central instrument in the modernization of public administration, enhancing transparency, accountability, and efficiency in contemporary states. However, its implementation raises significant constitutional concerns, particularly with respect to the principle of legality, the protection of fundamental rights and freedoms, and the scope of judicial review over digital administrative decisions. This study aims to analyze e-governance from a comparative constitutional perspective by examining the constitutional framework governing it in Jordan and comparing it with selected European models, notably Germany and France, in light of relevant European legal instruments, including data protection regimes and the Charter of Fundamental Rights of the European Union. The study adopts an analytical and comparative methodology to explore both the opportunities offered by e-governance—such as enhanced transparency, administrative efficiency, and democratic participation—and the constitutional challenges it presents, including privacy protection, automated decision-making, and the digital divide among citizens. The findings indicate that the successful implementation of e-governance in Jordan requires the development of a comprehensive constitutional framework encompassing digital rights, as well as the establishment of specialized judicial oversight mechanisms. Such development should draw on European experiences while adapting them to the national context to ensure the protection of fundamental rights and to achieve digital transformation within the framework of the rule of law.