The rule of tech? Submitting legislation to digital constraints

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Abstract

While ‘by design’ approaches are increasingly advocated to ensure technology being compliant with legislation, the opposite challenge of adopting legislation that is compliant with digital demands, is also gaining ground. Several jurisdictions are experimenting with some form of ‘digital-ready’ legislation, which aims at ensuring a smooth implementation of legislation through digital systems, but which also transforms the legislative process itself. This chapter explores and compares several instances of digital-ready legislation and assesses the consequences thereof for the technocracy-democracy divide and the virtues commonly associated with the legislative process. It concludes that legislation is increasingly subject to the ‘rule of tech’ next to the ‘rule of law’, while the virtues traditionally associated with the legislative process have not become irrelevant.
Original languageEnglish
Title of host publicationPublic governance and emerging technologies
Subtitle of host publicationValues, trust, and regulatory compliance
EditorsJürgen Goossens, Esther Keymolen, Antonia Stanojević
PublisherSpringer Cham
Pages239-261
Number of pages23
Edition1
ISBN (Electronic)978-3-031-84748-6
ISBN (Print)978-3-031-84747-9, 978-3-031-84750-9
DOIs
Publication statusPublished - 2025

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