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Algorithmic Rule By Law: How Algorithmic Regulation in the Public Sector Erodes the Rule of Law


ISBN13: 9781009427463
To be Published: January 2025
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be relegated to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology, and government.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction
2. Algorithmic regulation
3. The rule of law
4. From rule of law to algorithmic rule by law
5. Legal safeguards in the EU legal order
6. Conclusions
Bibliography
Case law
List of figures
List of illustrations of algorithmic regulation
Abbreviations