THE HART AND FULLER DEBATE IN THE ERA OF DIGITAL RIGHTS, LESSONS FOR PRIVACY, AI REGULATION AND SURVEILLANCE LAWS

Hart and Fuller debate is one of the most influential and significant debate in Jurisprudential history that laid the founding stone of relationship of law with morality. The principles of the debate is still relevant in the era of digital governance too where algorithmic system, data driven decision making and pervasive surveillance is used in order to regulate human behavior. This article is framed to show the application of principles of the Hart and Fuller debate in digital governance and relating modern constitution challenges focusing comparatively on USA and India. The article explores how legal positivism of HLA Hart and principles of inner morality of Fuller covers the issue of digital privacy, algorithmic opacity etc. In conclusion, the overview of key challenges and recommendation is suggested which is focused towards the amalgamation of views of both the personality in order to face the challenges.