Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886167
Migle Laukyte
ABSTRACT: In this article, the author addresses the complex and multifaceted relationship between the right to good administration enshrined in the Charter of Fundamental Rights of the European Union and the uses of blockchain technology by the public administration, which is in charge of making the right to good administration real. The opportunities and threats come hand in hand, and there is an urgent need to push forward a public debate on the uses and misuses of blockchain to guarantee public services, so much so that many aspects of blockchain are not compatible with citizens' expectations in relation to the public sector. Although the focus is on Europe, and the right to good administration is not technically recognized on the international level, the globalization produced by technological advancements on the one hand, and the emergence of global administrative law on the other hand, makes this debate relevant to the rest of the democratic states that want to foster human-centric technologies for the well-being of their citizens.
{"title":"Blockchain and the Right to Good Administration: Adding Blocks to or Blocking of the Globalization of Good Administration?","authors":"Migle Laukyte","doi":"10.2979/gls.2023.a886167","DOIUrl":"https://doi.org/10.2979/gls.2023.a886167","url":null,"abstract":"ABSTRACT: In this article, the author addresses the complex and multifaceted relationship between the right to good administration enshrined in the Charter of Fundamental Rights of the European Union and the uses of blockchain technology by the public administration, which is in charge of making the right to good administration real. The opportunities and threats come hand in hand, and there is an urgent need to push forward a public debate on the uses and misuses of blockchain to guarantee public services, so much so that many aspects of blockchain are not compatible with citizens' expectations in relation to the public sector. Although the focus is on Europe, and the right to good administration is not technically recognized on the international level, the globalization produced by technological advancements on the one hand, and the emergence of global administrative law on the other hand, makes this debate relevant to the rest of the democratic states that want to foster human-centric technologies for the well-being of their citizens.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886163
José Vida Fernández
Abstract: This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the EU. Finally, the article concludes by identifying and analyzing the main legal and policy problems involved in the use of artificial intelligence in government. It challenges values, principles, and institutions of the traditional administrative state and also requires us to think of new frameworks for constitutional and administrative law to guarantee citizens' rights and public interest.
{"title":"Artificial Intelligence in Government: Risks and Challenges of Algorithmic Governance in the Administrative State","authors":"José Vida Fernández","doi":"10.2979/gls.2023.a886163","DOIUrl":"https://doi.org/10.2979/gls.2023.a886163","url":null,"abstract":"Abstract: This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the EU. Finally, the article concludes by identifying and analyzing the main legal and policy problems involved in the use of artificial intelligence in government. It challenges values, principles, and institutions of the traditional administrative state and also requires us to think of new frameworks for constitutional and administrative law to guarantee citizens' rights and public interest.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886165
María Estrella Gutiérrez David
Abstract: What the Houston Court qualified as "mysterious 'black box' impervious to challenge" was in practice a sophisticated software of many layers of calculations, which rated teachers' effectiveness to make employment decisions. In the European Union, a system as such would fall under the Proposal for AI Regulation of 2021, which qualifies AI models in education and vocational training as "high-risk" systems. Automated decision-making systems (ADM systems), AI-driven or not, are being increasingly used by governments in public education for different purposes, such as handling applications for undergraduate admission or profiling students and teachers to assess their performance. Across cases and jurisdictions, there is growing evidence of how the use of ADM systems in the education sector is becoming quite problematic: arbitrary assignment of teaching posts in mobility procedures, undue barriers to access undergraduate studies, and frequent lack of transparency in their implementation and decisions. This Article discusses how Freedom of Information Act (FOIA) regimes may contribute to rendering governments' ADM systems (AI-driven or not) accountable. The analysis of the FOIA cases (Parcoursoup saga in France, MIUR in Italy, and Ofqual in the United Kingdom) shows to what extent decisions granting access to the source code, functional and technical specifications, or third-party audits allow public scrutiny of ADM systems, detection of their pathologies, and better understanding of their adverse impacts on rights and freedoms, individual or collective. This Article also addresses the constitutional value of the right of access to public records (Parcoursup), and the importance of proactive and mandatory public dissemination to ensure traceability, transparency, and accountability of the ADM systems for FOIA purposes. In this sense, some legal initiatives across jurisdictions (Canada, France, Spain, United States, European Union) enhancing transparency and accountability of algorithmic systems will be examined.
{"title":"Government by Algorithms at the Light of Freedom of Information Regimes: A Case-by-Case Approach on ADM Systems within Public Education Sector","authors":"María Estrella Gutiérrez David","doi":"10.2979/gls.2023.a886165","DOIUrl":"https://doi.org/10.2979/gls.2023.a886165","url":null,"abstract":"Abstract: What the Houston Court qualified as \"mysterious 'black box' impervious to challenge\" was in practice a sophisticated software of many layers of calculations, which rated teachers' effectiveness to make employment decisions. In the European Union, a system as such would fall under the Proposal for AI Regulation of 2021, which qualifies AI models in education and vocational training as \"high-risk\" systems. Automated decision-making systems (ADM systems), AI-driven or not, are being increasingly used by governments in public education for different purposes, such as handling applications for undergraduate admission or profiling students and teachers to assess their performance. Across cases and jurisdictions, there is growing evidence of how the use of ADM systems in the education sector is becoming quite problematic: arbitrary assignment of teaching posts in mobility procedures, undue barriers to access undergraduate studies, and frequent lack of transparency in their implementation and decisions. This Article discusses how Freedom of Information Act (FOIA) regimes may contribute to rendering governments' ADM systems (AI-driven or not) accountable. The analysis of the FOIA cases (Parcoursoup saga in France, MIUR in Italy, and Ofqual in the United Kingdom) shows to what extent decisions granting access to the source code, functional and technical specifications, or third-party audits allow public scrutiny of ADM systems, detection of their pathologies, and better understanding of their adverse impacts on rights and freedoms, individual or collective. This Article also addresses the constitutional value of the right of access to public records (Parcoursup), and the importance of proactive and mandatory public dissemination to ensure traceability, transparency, and accountability of the ADM systems for FOIA purposes. In this sense, some legal initiatives across jurisdictions (Canada, France, Spain, United States, European Union) enhancing transparency and accountability of algorithmic systems will be examined.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886159
Alfred C. Aman
Digital Transformations of Government:Towards a Digital Leviathan? Alfred C. Aman Jr. (bio) Introduction A warm welcome to you all. It is a great pleasure to be able to participate in this exciting collaboration between Universidad Carlos III de Madrid (UC3M) and Indiana University—a conference that the Indiana Journal of Global Legal Studies is publishing in celebration of its thirtieth issue. This is a milestone for us, and we could not be happier to celebrate it in this way. Let me begin with a few words about the nature of this journal and its scholarly goals over the years. The Indiana Journal of Global Legal Studies is a peer-reviewed interdisciplinary journal focusing on the intersections of global and domestic legal regimes, technologies, markets, politics, societies, and cultures. The journal seeks to facilitate dialogue among international communities of scholars in law and other disciplines, with intersecting concerns bearing on new forms of law related to globalization processes, transnationalism, and their social effects.1 By its very nature, seeing law in such terms challenges the conventional boundaries among subject disciplines and professional research practices, as well as the boundaries around sovereign state regulatory regimes. In 1993, when the Journal published its first issue, a bright line between domestic and international law was already largely illusory. As a result, we needed fresh assessments of issues, such as the role and theory of the nation-state in the twenty-first century, the need for and [End Page 1] development of new international and global institutions, and, in particular, the kinds of domestic legal reforms necessary to mesh with or respond to global economic and political effects. But at that time, our global institutions were few—even the WTO, for example, had not yet been established. There was also a lingering sense that globalization was a single, all encompassing process affecting everyone, everywhere, at the same time. Today we know that globalization is not a single process pitched toward harmonization, but something far more complex. We know it is not a unidirectional process in time or locale, a process that occurs only once, as if globalization were a straightforward yes/no question, but—again—something far more complex. As we embark upon our thirtieth issue and the symposium topic, the "Digital Transformation of Government: Towards a Digital Leviathan?," we have a timely opportunity to focus on digital technology and to reflect on how law will or should respond to a technology that is at once local and global, personal and impersonal. We know that digital technologies have the capacity to greatly enhance our abilities to creatively and humanely interact in a global world, but we also know that they have the capacity to undermine, if not eliminate, a concept of the public interest. The answers to the many questions implicitly and explicitly posed by technological innovations, such as the intern
政府的数字化转型:迈向数字化利维坦?Alfred C. Aman Jr.(个人简介)热烈欢迎各位。很高兴能够参加马德里卡洛斯三世大学(UC3M)和印第安纳大学之间令人兴奋的合作——《印第安纳全球法律研究杂志》为庆祝其第30期而出版的一次会议。这对我们来说是一个里程碑，我们非常高兴能以这种方式来庆祝。让我先简单介绍一下这本杂志的性质和它多年来的学术目标。《印第安纳全球法律研究杂志》是一本同行评议的跨学科期刊，关注全球和国内法律制度、技术、市场、政治、社会和文化的交叉点。本刊旨在促进国际法律和其他学科学者之间的对话，讨论与全球化进程、跨国主义及其社会影响有关的新形式法律的交叉问题就其本质而言，以这种方式看待法律挑战了学科和专业研究实践之间的传统界限，以及围绕主权国家监管制度的界限。1993年，当《华尔街日报》创刊号出版时，国内法和国际法之间的清晰界限在很大程度上已经是一种错觉。因此，我们需要对一些问题进行新的评估，比如民族国家在21世纪的作用和理论，新的国际和全球机构的需要和发展，尤其是与全球经济和政治影响相结合或作出反应所必需的国内法律改革。但在那个时候，我们的全球性机构很少，比如世贸组织也还没有成立。还有一种挥之不去的感觉，即全球化是一个单一的、包罗万象的过程，同时影响到每个地方的每个人。今天，我们知道全球化并不是一个单一的走向协调的过程，而是一个复杂得多的过程。我们知道，全球化不是一个在时间或地点上单向的过程，也不是一个只发生一次的过程，好像全球化是一个直截了当的是/否问题，而是——再一次——复杂得多的东西。当我们开始讨论第30期和研讨会的主题“政府的数字化转型:迈向数字利维坦?”“我们有一个及时的机会来关注数字技术，并思考法律将如何或应该如何应对一种既地方性又全球性、个人化又非个人化的技术。”我们知道，数字技术有能力大大提高我们在全球世界中进行创造性和人道互动的能力，但我们也知道，它们有能力破坏，如果不是消除，公共利益的概念。技术创新(如互联网)或明或暗地提出了许多问题，这些问题的答案将不仅仅来自技术。本次会议的主题和个别论文强调了参与这些问题以及与之相关的其他问题对我们所有人构成的挑战的范围。这些论文的主题指向了一些令人兴奋的新对话——学科内部和跨学科的新理论创新、新的机构伙伴关系、新的法律制度和法律分析形式。例如，我们是否需要新的宪法权利来适应这些新技术的影响?我们需要新的监管结构吗?它们是什么，更重要的是，谁来建造它们?诸如此类的问题集中体现了《印第安纳全球法律研究杂志》的抱负。在过去的三十年里，全球化意味着很多事情。一开始，《华尔街日报》主要将全球主义视为对国家主权、地区主义和公民身份等传统概念的一系列挑战，因为这些概念被大规模压缩的公共和私人利益所改变。这些挑战依然存在，但我们研讨会的主题指出了全球化本身的一个重大转变，因为数字技术现在是全球性的和亲密的，可能会影响人们居住时间、地点和自己身份的方式。现在，我要再次感谢josise Vida和UC3M的同事们的合作，以及所有参与者的贡献……
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Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886170
Fabio Ratto Trabucco
Abstract: This paper analyzes the curtailment of constitutional rights arising from the implementation of emergency measures due to the COVID-19 pandemic in China's Hubei Province, which was not at all counterbalanced by introducing new forms of due constitutional protection. Likewise, high expectations cannot be set on pre-existing means of constitutional safeguards since the Chinese government clearly refused to establish new or different safeguarding procedures nor did it deem it necessary to establish ad hoc courts in order to tackle the COVID-19 pandemic. The paper is laid out as follows: (1) fundamental rights in a contemporary socialist state: an overview; (2) containment measures against COVID-19 and flexibility of constitutional right;. (3) the centrality of governing bodies and restrictions of constitutional rights; (4) territorial governance and centralization of containment measures against COVID-19; (5) between soft law and totalitarian propaganda; and (6) the ubiquity of the Communist Party of China and the "alignment" of judicial functions.
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Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886161
Rafael Yuste, Tomás de la Quadra-Salcedo
Abstract: In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors' understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope.
{"title":"Neuro-Rights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law","authors":"Rafael Yuste, Tomás de la Quadra-Salcedo","doi":"10.2979/gls.2023.a886161","DOIUrl":"https://doi.org/10.2979/gls.2023.a886161","url":null,"abstract":"Abstract: In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors' understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135784062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886160
José Vida Fernández
Abstract: This paper provides an overview of the threats posed by digitalization, particularly with regard to the public sector. It starts by describing digital risks as true global risks and argues that their scope and severity have not been recognized until now. The most well-known challenges come from the transformation of the private sector (economy, society, and individuals) and the emergence of large private powers that dominate the digital environment (digital feudal lord). However, there are even greater challenges coming from the digitization of government, creating almighty public bodies detached from laws that kept them locked until now.
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Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886166
Antonio Pele, Caitlin Mulholland
Abstract: This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of "Data Necropolitics" defines a predatory form of digital governance that exploits and discriminates against vulnerable populations.
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Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886171
Ian Finley
Solving Contemporary Issues in Conservation Through a Market-Based International Park System Ian Finley Introduction In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original "justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest."3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that statement by revisiting a remark that James Bryce, the British Ambassador to the United States, made a century ago. Regarding national parks, he stated that "[w]e are … for the future."4 Explicitly, he was emphasizing that the interest that national parks promote includes not only safeguarding the parks for the enjoyment of people alive now, but also being the stewards of these treasures for future generations, a sentiment that the American public agrees with today.5 Implicit in this statement from a British ambassador is the international component that was inherent in the national parks since the beginning. The history and development of the national park concept over the last one hundred years have confirmed that international aspect. [End Page 353] Following the establishment of national parks in the United States, the rest of the world began to follow suit, as parks were developed all over the world.6 By the early twenty-first century, "over 100,000 [protected areas] covered more than 2 million km, or 12 per cent of the earth's land surface … [and] [s]ystems of [protected areas] existed in every country."7 Furthermore, it is time to recognize and capitalize upon the international nature of parks. With climate change and its associated damages, it is now more important than ever for parks to recognize that "national" parks are part of a global system.8 With this idea in mind, this paper argues for the creation of an international park system with a market-based model. This system would hopefully link some of the world's greatest ecological treasures in a framework that would increase funding and collaboration among the nations to combat problems that the national parks are currently facing in regard to a change in climate, an increase in visitors, and a lack of funding.9 Part II of this paper outlines a history of the development of the national park idea around the world while highlighting examples of parks in different nations and the contemporary issues the parks are facing. Part III outlines different examples of international collaboration, including efforts concerning climate change and conservation. This part demonstrates the feasibility of the creation of an international park system b
{"title":"Solving Contemporary Issues in Conservation Through a Market-Based International Park System","authors":"Ian Finley","doi":"10.2979/gls.2023.a886171","DOIUrl":"https://doi.org/10.2979/gls.2023.a886171","url":null,"abstract":"Solving Contemporary Issues in Conservation Through a Market-Based International Park System Ian Finley Introduction In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original \"justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest.\"3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that statement by revisiting a remark that James Bryce, the British Ambassador to the United States, made a century ago. Regarding national parks, he stated that \"[w]e are … for the future.\"4 Explicitly, he was emphasizing that the interest that national parks promote includes not only safeguarding the parks for the enjoyment of people alive now, but also being the stewards of these treasures for future generations, a sentiment that the American public agrees with today.5 Implicit in this statement from a British ambassador is the international component that was inherent in the national parks since the beginning. The history and development of the national park concept over the last one hundred years have confirmed that international aspect. [End Page 353] Following the establishment of national parks in the United States, the rest of the world began to follow suit, as parks were developed all over the world.6 By the early twenty-first century, \"over 100,000 [protected areas] covered more than 2 million km, or 12 per cent of the earth's land surface … [and] [s]ystems of [protected areas] existed in every country.\"7 Furthermore, it is time to recognize and capitalize upon the international nature of parks. With climate change and its associated damages, it is now more important than ever for parks to recognize that \"national\" parks are part of a global system.8 With this idea in mind, this paper argues for the creation of an international park system with a market-based model. This system would hopefully link some of the world's greatest ecological treasures in a framework that would increase funding and collaboration among the nations to combat problems that the national parks are currently facing in regard to a change in climate, an increase in visitors, and a lack of funding.9 Part II of this paper outlines a history of the development of the national park idea around the world while highlighting examples of parks in different nations and the contemporary issues the parks are facing. Part III outlines different examples of international collaboration, including efforts concerning climate change and conservation. This part demonstrates the feasibility of the creation of an international park system b","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.2979/gls.2023.a886164
Gilles J. Guglielmi
Abstract: The development of computerized tools that lead to decision-making processes which apply locally defined parameters poses many questions about democracy. These questions stem from our very conception of the state and its role, going beyond the boundaries of typical administrative law. According to a popular notion that permeates the practices of most executive branches in liberal political regimes, democratic concerns are now competing with managerial concerns. In order to analyze this idea, we must study the implementation of algorithms in administrative decision-making, underscoring both the changes to the characterization of administrative decisions and the questions raised about an administrative judicial review of litigation. To summarize a French administrative law judge's review so far, the judge began by assessing the legality of using algorithms in administrative procedures. Secondly, the judge reviewed the legality of making administrative decisions on the basis of an algorithm. Three issues now appear to be guiding the future of algorithm-based administrative decisions: (1) the security of legal transactions; (2) the compensation for harm or damage caused by the algorithms, and (3) the degree of in-depth review by the administrative judge.
{"title":"The Contentious Issues of Governance by Algorithms","authors":"Gilles J. Guglielmi","doi":"10.2979/gls.2023.a886164","DOIUrl":"https://doi.org/10.2979/gls.2023.a886164","url":null,"abstract":"Abstract: The development of computerized tools that lead to decision-making processes which apply locally defined parameters poses many questions about democracy. These questions stem from our very conception of the state and its role, going beyond the boundaries of typical administrative law. According to a popular notion that permeates the practices of most executive branches in liberal political regimes, democratic concerns are now competing with managerial concerns. In order to analyze this idea, we must study the implementation of algorithms in administrative decision-making, underscoring both the changes to the characterization of administrative decisions and the questions raised about an administrative judicial review of litigation. To summarize a French administrative law judge's review so far, the judge began by assessing the legality of using algorithms in administrative procedures. Secondly, the judge reviewed the legality of making administrative decisions on the basis of an algorithm. Three issues now appear to be guiding the future of algorithm-based administrative decisions: (1) the security of legal transactions; (2) the compensation for harm or damage caused by the algorithms, and (3) the degree of in-depth review by the administrative judge.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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