Algorithmic Governance And The Transformation Of Administrative Law In The Digital State

Abstract

The rapid advancement in artificial intelligence, machine learning, and big data technology has dramatically impacted public administration and led to the concept of algorithmic governance. With an increased number of governmental institutions applying algorithms in the process of social service distribution, taxes' collection, police activities, and migration control, etc., more and more efforts have been made by various states to ensure that algorithmic decision-making would become efficient and effective. However, with growing reliance on artificial intelligence, legal and constitutional concerns arise regarding issues of transparency, accountability, fairness, privacy, and adherence to the rule of law. In view of the aforementioned problem, this paper aims at investigating how algorithmic governance affects the core concepts of administrative law and whether the existing legal system is equipped to deal with modern digital challenges. Specifically, using the approach to doctrinal and analytical research of legal problems, the research will examine constitutional rules, administrative law principles, case law, and other legislative acts regarding this issue in India, EU member-states, the United States, and the UK. Among others, such problems as administrative discretion, natural justice, accountability, transparency, equality, privacy, and procedural justice will be analyzed in relation to algorithmic governance. Moreover, certain recent judicial developments concerning the use of algorithms in public administration and the regulation of AI will be discussed within this paper. Therefore, it should be concluded that despite providing many advantages to modern administration, algorithmic governance remains legitimate only when appropriate laws and regulations exist.