Publication: Rule of Law and Artificial Inteligence
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2024
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The rule of law is a dynamic and evolving constitutional principle that adapts to the changing needs and values of society. With the advent of the information revolution and the widespread use of Artificial Intelligence applications, a fundamental question arises: how will these developments affect the rule of law?
First, the “black box” problem and the general lack of understanding about how decisions are made by automated systems pose multiple challenges to the rule of law. This can potentially lead to decisions influenced by systemic biases, without a transparent decision-making framework and without accountability. Addressing these challenges requires the preservation of the rule of law through human involvement in automated decision-making processes, and possibly the imposition of an obligation to provide reasoning. However, the extent of human involvement and the need for justification will vary depending on the nature and function of each artificial intelligence application.
Second, the unprecedented benefits arising from the use of artificial intelligence applications carry the risk of exacerbating the digital divide, significantly affecting the principle of equality. Consequently, it will be argued that the rule of law requires both governments and private entities using artificial intelligence applications to take the necessary measures to prevent and mitigate the digital divide.
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IE Law School
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Kouroutakis, A (2024) "Rule of Law and Artificial Inteligence". 21 Journal of Technology and Communication