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.
Judges Technology And Artificial Intelligence
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Author : Tania Sourdin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28
Judges Technology And Artificial Intelligence written by Tania Sourdin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-28 with Law categories.
New and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.
Governance Of Automated Decision Making And Eu Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-08-22
Governance Of Automated Decision Making And Eu Law written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-22 with Law categories.
Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems. Tailored for academics, researchers, and policymakers, Governance of Automated Decision-Making and EU Law provides a vital resource for understanding the complexities and opportunities associated with the digitalization of shared administration in the EU. It contributes significantly to the ongoing discourse on safeguarding constitutional values and principles of good governance in the digital era. The findings underscore the interconnectedness of information systems across EU-regulated policy areas and the risks posed by automated decision-making systems. Urging attention to transparency and accountability, the book addresses these concerns through eleven chapters, offering insights into normative requirements, administrative procedures, market regulation, digital health, borders and immigration, political advertising, interoperability framework, AI technology, and their intersection with legal principles. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
Constitutional Challenges In The Algorithmic Society
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Author : Hans-W. Micklitz
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-02
Constitutional Challenges In The Algorithmic Society written by Hans-W. Micklitz 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 2021-12-02 with Law categories.
How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.
The Rule Of Law In Germany
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Author : Dana Burchardt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-09
The Rule Of Law In Germany written by Dana Burchardt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-09 with Law categories.
The rule of law, or Rechtsstaatsprinzip, is one of Germany's oldest constitutional principles and forms part of Germany's constitutional self-understanding. This book critically examines to what extent this key constitutional principle has translated into a reality for all. The book provides a comprehensive insight into rule of law experiences and discourses in Germany. It explores Germany's long rule of law tradition and highlights where the German state has fallen short of its rule of law promise, using historical and contemporary examples. It also shows that Germany's rule of law experience is tightly interwoven with European and international rule of law debates. By integrating historical, socio-legal and doctrinal perspectives, the book provides a nuanced account of a foundational principle in German constitutional thought. Dedicated chapters explore the history and doctrine of the rule of law, challenges to the rule of law in today's Germany, the rule of law experience in the former German Democratic Republic and in the context of reunification, the relationship of the German rule of law practice with the rule of law on the European and international level, and the rule of law in times of crisis. This includes challenges to the rule of law through anti-terrorism measures, as well as the more recent COVID-19 pandemic and the so-called migration crisis, but also how the rule of law has been discursively (mis-)used in those situations. In concluding, the book highlights digitalisation as a challenge to the future of the rule of law in Germany.
Service Automation In The Public Sector
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Author : Gustaf Juell-Skielse
language : en
Publisher: Springer Nature
Release Date : 2022-03-14
Service Automation In The Public Sector written by Gustaf Juell-Skielse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-14 with Business & Economics categories.
This edited volume highlights the latest advances in and findings from research on service automation in public sector organizations. The contributing authors use a mix of social and technological approaches to increase readers’ understanding of public service automation. The respective chapters discuss the automation of services in public organizations from a conceptual standpoint, present empirical examples of automation applications in public organizations, and consider the implementation-related challenges that can arise. The book’s overall goal is to aid and inspire researchers and practitioners to expand their knowledge of service automation in public organizations, while also providing a foundation for policy development and future research. Following a brief introductory chapter, the book addresses major gaps in our current understanding of service automation in public organizations, and provides suggestions for future research. Moreover, it argues that there is a continued need to observe and learn from empirical examples, and a need for more critical studies on the social and societal consequences of increased service automation in public organizations.
Automated Decision Making And Effective Remedies
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Author : Simona Demková
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Automated Decision Making And Effective Remedies written by Simona Demková and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection
Public Digitalisation In A Legal Perspective
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Author : Motzfeldt, Hanne Marie
language : en
Publisher: Nordic Council of Ministers
Release Date :
Public Digitalisation In A Legal Perspective written by Motzfeldt, Hanne Marie and has been published by Nordic Council of Ministers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.
A Rule Of Law For Our New Age Of Anxiety
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Author : Stephen J Toope
language : en
Publisher: Cambridge University Press
Release Date : 2023-06
A Rule Of Law For Our New Age Of Anxiety written by Stephen J Toope 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 2023-06 with Law categories.
In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency.