The Rule Of Law And Automated Decision Making
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The Rule Of Law And Automated Decision Making
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Author : Markku Suksi
language : en
Publisher: Springer Nature
Release Date : 2023-07-24
The Rule Of Law And Automated Decision Making written by Markku Suksi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.
The Rule Of Law And Automated Decision Making
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Author : Markku Suksi
language : en
Publisher:
Release Date : 2023
The Rule Of Law And Automated Decision Making written by Markku Suksi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.
Governmental Automated Decision Making And Human Rights
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Author : Stefan Schäferling
language : en
Publisher: Springer Nature
Release Date : 2024-01-08
Governmental Automated Decision Making And Human Rights written by Stefan Schäferling and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-08 with Law categories.
With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.
Ai And The Rule Of Law
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Author : Paul Burgess
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
Ai And The Rule Of Law written by Paul Burgess and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.
Parliament
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Author : Alexander Horne
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-02
Parliament written by Alexander Horne and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-02 with Law categories.
This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.
The Automated State
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Author : Janina Boughey
language : en
Publisher:
Release Date : 2021-06-15
The Automated State written by Janina Boughey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-15 with categories.
Algorithms And Law
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Author : Martin Ebers
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-23
Algorithms And Law written by Martin Ebers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Computers categories.
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-17
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-17 with Law categories.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
The Cambridge Handbook Of The Law Of Algorithms
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Author : Woodrow Barfield
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-30
The Cambridge Handbook Of The Law Of Algorithms written by Woodrow Barfield and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-30 with Law categories.
Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.
Robotics Ai And The Future Of Law
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Author : Marcelo Corrales
language : en
Publisher: Springer
Release Date : 2018-11-02
Robotics Ai And The Future Of Law written by Marcelo Corrales and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.