Abstract
Techno-regulation is a prominent mechanism for regulating human behaviour. One type of techno-regulation concerns automated decision-making with legal effects. While automated decision-making (ADM) systems in the public domain have traditionally been based on conscious design of decisional norms, increasingly, Data Science methodologies are used to devise these norms. This data-driven approach causes frictions with the underlying principle of public-sector decision-making, namely adherence to the rule of law. In this paper we discuss three major challenges data-driven ADM poses to the Rule Law: law as a normative enterprise, law as a causative enterprise and law as a moral enterprise.
Original language | English |
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Pages (from-to) | 295-313 |
Number of pages | 19 |
Journal | Law, Innovation and Technology |
Volume | 10 |
Issue number | 2 |
DOIs | |
Publication status | Published - 5 Dec 2018 |
Keywords
- Techno-regulation; automated decision-making; rule of law