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Constitutional Challenges in the Algorithmic Society

Edited by: Hans-Wolfgang Micklitz, Oreste Pollicino, Amnon Reichman, Andrea Simoncini, Giovanni Sartor, Giovanni De Gregorio

ISBN13: 9781108843126
Published: December 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors.

  • Makes an important and novel contribution to the field of law and technology
  • Fills a gap in legal studies concerning the relationship between artificial intelligence and constitutional law

Law and Society, IT, Internet and Artificial Intelligence Law
1. Constitutional Law in the Algorithmic Society
Oreste Pollicino and Giovanni De Gregorio
Part I. Algorithms, Freedom and Fundamental Rights:
2. Fundamental Rights and the Rule of Law in the Algorithmic Society
Andrea Simoncini and Erik Longo
3. Inalienable Due Process in an Age of AI: Limiting Contractual Creep toward Automated Adjudication
Frank Pasquale
4. Constitutional Challenges in the AI Emotions Era
Peggy Valcke, Damian Clifford and Viltė Kristina Steponėnaitė
5. Algorithmic surveillance as a new bureaucracy: law production by data or data production by law?
Mariavittoria Catanzariti
6. Human Rights and Algorithmic Impact Assessment for Predictive Policing
Celine Castest-Renard
7. Law Enforcement and Data-Driven Predictions at the National and EU Level: A Challenge to the Presumption of Innocence and Reasonable Suspicion?
Francesca Galli
Part II. Regulation and Policy:
8. Algorithms and Regulation
Amnon Reichman and Giovanni Sartor
9. Artificial Intelligence, Governance and Ethics: Global Perspectives
Angela Daly, Thilo Hagendorff, Li Hui, Monique Mann, Vidushi Marda, Ben Wagner and Wayne Wei Wang
10. EU By-Design Regulation in The Algorithmic Society: Promising Way Forward or Constitutional Nightmare In-the-making?
Pieter Vancleynenbreugel
11. What's in the Box? The Legal Requirement of Explainability in Computationally Aided Decision-Making in Public Administration
Henrik Palmer Olsen, Jacob Livingston Slosser and Thomas Troels Hildebrandt
12. The International Regulatory Race for Protecting Investors from Crypto-Finance Risks
Yaiza Cabedo
Part III. Roles and Responsibilities of Private Actors:
13. Responsibilities of Companies in the Algorithmic Society
Hans W. Micklitz and Anne Aurelie Villanueva
14. Consumer Law as a Tool to Regulate Adverse Consequences of AI Output
Serge Gijrath
15. When the Algorithm is not Fully Reliable: The Collaboration between Technology and Humans in the Fight against Hate Speech
Federica Casarosa
16. Smart Contracts and Automation of Private Relationships
Pietro Sirena and Francesco Paolo Patti