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Algorithmic Rule By Law

Algorithmic Rule By Law

Algorithmic Rule By Law

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law
Nathalie A. Smuha, KU Leuven Faculty of Law
December 2024
Hardback
9781009427463
£95.00
GBP
Hardback
USD
eBook

    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 confined 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.

    • Conceptualizes the threat of 'algorithmic rule by law', where public authorities' irresponsible reliance on algorithmic regulation erodes the rule of law
    • Highlights concrete examples of algorithmic systems used by public administrations in liberal democracies, through an interdisciplinary lens
    • Examines the current legal framework's failure to safeguard citizens against the threat of algorithmic rule by law

    Product details

    December 2024
    Adobe eBook Reader
    9781009427494
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

    Table of 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.
      Author
    • Nathalie A. Smuha , KU Leuven Faculty of Law

      Nathalie A. Smuha is a legal scholar and philosopher at the KU Leuven Faculty of Law, where she examines the impact of digital technology on human rights, democracy and the rule of law. She is a member of the Leuven AI Institute and the Digital Society Institute and a member of the board of trustees of the Academy of European Law. She has held visiting positions at the University of Chicago and the University of Birmingham, and she has taken up an Emile Noël Fellowship at NYU School of Law. Previously, she worked at the European Commission and practiced law as a member of the Brussels Bar and the New York Bar. Professor Smuha is also editor of The Cambridge Handbook on the Law, Ethics and Policy of AI.