Data-Driven Decision-Making and The 'Rule of Law'

Abstract

The paper intends to identify certain “rule of law” implications of Big Data analysis from a techno-regulatory perspective — namely, (i) the collapse of the normative enterprise, (ii) the erosion of moral enterprise and (iii) replacing of causative basis with correlative calculations. Although these implications are not completely specific to Big Data space but rather of general nature regarding techno-regulation, each of these rule of law implications become aggravated, and extend into deeper dimensions when techno-regulation is implemented through data-driven systems.

Keywords: algorithmic due process, rule of law, techno-regulation