From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making

Zalnieriute, Monika; Crawford, Lisa Burton; Boughey, Janina; Moses, Lyria Bennett; Logan, Sarah

doi:10.2139/ssrn.3380072

Cited by 5 publications

(3 citation statements)

References 21 publications

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“…The design pattern approach to can uncover the structural features of effective legal solutions, which may facilitate the digitalization and automation of law (Pöysti, 2024). Digitalization and automation of law require "technology-conscious" legal drafting, with awareness of which normative values, such as the rule of law, must shape the automated law and how to formalize them into code (Schartum, 2020; See also Zalnieriute, 2020;Pöysti, 2023). Automated decision-making also requires procedural safeguards to protect the key legal values, such as fundamental rights (Pöysti, 2023;Zalnieriute, 2020).…”

Section: The Pattern Languagementioning

confidence: 99%

“…Digitalization and automation of law require "technology-conscious" legal drafting, with awareness of which normative values, such as the rule of law, must shape the automated law and how to formalize them into code (Schartum, 2020; See also Zalnieriute, 2020;Pöysti, 2023). Automated decision-making also requires procedural safeguards to protect the key legal values, such as fundamental rights (Pöysti, 2023;Zalnieriute, 2020). The lack of standardisation is one of the obstacles to the digitalization of IAs (IAIA, 2021) The legal design approach (Koulu et al, 2021) could help to identify and standardise different modules of an impact assessment, which could also and unify its use across different domains of law, improving the overall coherence of the legal system and regulatory systems adjacent to the use of the instrument.…”

Section: The Pattern Languagementioning

confidence: 99%

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Impact Assessment as a Legal Design Pattern—A “Timeless Way” of Managing Future Risks?

Wernick

2024

DISO

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Impact assessments are increasingly employed and debated as instruments for mitigating the fundamental rights risks associated with artificial intelligence, platforms and personal data processing. However, before their adoption in connection with technology and fundamental rights, impact assessments have been used for decades to mitigate large undertakings’ environmental and social impacts. An impact assessment is a process for collecting information to identify a future action’s effects and mitigate its unwanted effects. This article proposes that impact assessments represent a distinct legal design pattern with core elements that can be replicated in new legal contexts requiring ex-ante identification and mitigation of foreseeable risks. The tensions between diverging interests, temporality, epistemics and economics characterise this legal design pattern. The impact assessment process seeks to resolve these tensions by enabling translation between the regulator, the executor of the planned action and the stakeholders impacted by it. Awareness of the underlying patterns allows the lawmaker or the regulator to learn across diverse impact assessment models. Design pattern thinking advances research both on law and regulation by uncovering the tensions underling the design solution, as well as pattern interaction between legally mandated impact assessments and those representing other regulatory instruments. Finally, the approach raises awareness of the instrument’s shortcomings, including spheres where relying on complementary legal design patterns, such as precautionary principle, is more justified.

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Section: The Pattern Languagementioning

confidence: 99%

Section: The Pattern Languagementioning

confidence: 99%

Impact Assessment as a Legal Design Pattern—A “Timeless Way” of Managing Future Risks?

Wernick

2024

DISO

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“…They would also help to address the ALRC's call for law reform regarding 'appropriate processes for correction, substitution, audit, and review of automated decisions'. 183 Moreover, as was discussed in Part III, the majority decision in Pintarich suggests that administrative decision-making in Australia is 'still regarded as an inherently human process', 184 yet there are currently no legislative safeguards to ensure that human decision-makers do in fact oversee and review automated outputs. This raises the question of whether there should be a requirement for human involvement for certain types of automated administrative processes.…”

Section: A Regulatory Reform Optionsmentioning

confidence: 99%

Addressing Disconnection: Automated Decision-Making, Administrative Law and Regulatory Reform

Huggins¹

2021

UNSWLJ

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Automation is transforming how government agencies make decisions. This article analyses three distinctive features of automated decision-making that are difficult to reconcile with key doctrines of administrative law developed for a human-centric decision-making context. First, the complex, multi-faceted decision-making requirements arising from statutory interpretation and administrative law principles raise questions about the feasibility of designing automated systems to cohere with these expectations. Secondly, whilst the courts have emphasised a human mental process as a criterion of a valid decision, many automated decisions are made with limited or no human input. Thirdly, the new types of bias associated with opaque automated decision-making are not easily accommodated by the bias rule, or other relevant grounds of judicial review. This article, therefore, argues that doctrinal and regulatory evolution are both needed to address these disconnections and maintain the accountability and contestability of administrative decisions in the digital age.

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From AI Towards Advanced AI

Zekos

2022

Advanced Artificial Intelligence and Robo-Justice

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From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making

Cited by 5 publications

References 21 publications

Impact Assessment as a Legal Design Pattern—A “Timeless Way” of Managing Future Risks?

Impact Assessment as a Legal Design Pattern—A “Timeless Way” of Managing Future Risks?

Addressing Disconnection: Automated Decision-Making, Administrative Law and Regulatory Reform

From AI Towards Advanced AI

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