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.
Author(s): Hans-W. Micklitz, Oreste Pollicino, Amnon Reichman, Andrea Simoncini, Giovanni Sartor, Giovanni De Gregorio
Edition: 1
Publisher: Cambridge University Press
Year: 2022
Language: English
Commentary: TruePDF
Pages: 342
Tags: Constitutional Law: Decision Making; Artificial Intelligence: Law And Legislation; Legislation; Judicial Process; Algorithms: Social Aspects
Cover
Half-title page
Title page
Copyright page
Contents
List of Figures
List of Contributors
Acknowledgements
Introduction
1 Constitutional Law in the Algorithmic Society
Part I Algorithms, Freedom, and Fundamental Rights
2 Fundamental Rights and the Rule of Law in the Algorithmic Society
3 Inalienable Due Process in an Age of AI: Limiting the Contractual Creep toward Automated Adjudication
4 Constitutional Challenges in the Emotional AI Era
5 Algorithmic Law: Law Production by Data or Data Production by Law?
6 Human Rights and Algorithmic Impact Assessment for Predictive Policing
7 Law Enforcement and Data-Driven Predictions at the National and EU Level: A Challenge to the Presumption of Innocence and Reasonable Suspicion?
Part II Regulation and Policy
8 Algorithms and Regulation
9 AI, Governance and Ethics: Global Perspectives
10 EU By-Design Regulation in the Algorithmic Society: A Promising Way Forward or Constitutional Nightmare in the Making?
11 What’s in the Box?: The Legal Requirement of Explainability in Computationally Aided Decision-Making in Public Administration
12 International Race for Regulating Crypto-Finance Risks: A Comprehensive Regulatory Framework Proposal
Part III Roles and Responsibilities of Private Actors
13 Responsibilities of Companies in the Algorithmic Society
14 Consumer Law as a Tool to Regulate Artificial Intelligence
15 When the Algorithm Is Not Fully Reliable: The Collaboration between Technology and Humans in the Fight against Hate Speech
16 Smart Contracts and Automation of Private Relationships
