The Rule of Law and Automation of Government Decision-Making

Forthcoming, (2019) Modern Law Review

UNSW Law Research Paper No. 19-14

27 Pages Posted: 14 Mar 2019

See all articles by Monika Zalnieriute

Monika Zalnieriute

University of New South Wales (UNSW) - Faculty of Law

Lyria Bennett Moses

University of New South Wales (UNSW) - Faculty of Law

George Williams

University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 1, 2019

Abstract

Governments around the world are deploying automation tools in making decisions that affect rights and entitlements. The interests affected are very broad, ranging from time spent in detention to the receipt of social security benefits. This article focuses on the impact on rule of law values of automation using:

(1) pre-programmed rules (for example, expert systems); and

(2) predictive inferencing whereby rules are derived from historic data (such by applying supervised machine learning).

The article examines the use of these systems across a range of nations. It explores the tension between the rule of law and rapid technological change and concludes with observations on how the automation of government decision-making can both enhance and detract from rule of law values.

Keywords: rule of law, automation, machine learning, government decision-making, transparency, accountability, predictability, consistency, equality before the law

Suggested Citation

Zalnieriute, Monika and Bennett Moses, Lyria and Williams, George, The Rule of Law and Automation of Government Decision-Making (January 1, 2019). Forthcoming, (2019) Modern Law Review; UNSW Law Research Paper No. 19-14. Available at SSRN: https://ssrn.com/abstract=3348831 or http://dx.doi.org/10.2139/ssrn.3348831

Monika Zalnieriute (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia

Lyria Bennett Moses

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

George Williams

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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