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

in Woodrow Barfield (ed), The Cambridge Handbook of the Law of Algorithms (Cambridge University Press 2021), pp. 251 – 272.

UNSW Law Research Paper No. 19-30

30 Pages Posted: 1 May 2019 Last revised: 18 Mar 2021

See all articles by Monika Zalnieriute

Monika Zalnieriute

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

Lisa Burton

University of New South Wales (UNSW)

Janina Boughey

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

Lyria Bennett Moses

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

Sarah Logan

Australian National University (ANU)

Date Written: April 26, 2019

Abstract

Governments are increasingly relying on algorithms to automate decision-making in diverse areas, including social welfare, criminal justice, healthcare, law enforcement and national security. This chapter sketches the way in which algorithms are or may be used across the spectrum of government decision making — from the drafting of legislation, to judicial decision making, to the implementation of laws by the executive branch. Then, based on scholarship in the field and our own empirical, doctrinal and theoretical work, the chapter examines the rule of law values affected by automated government decision making systems and the legal and practical issues that the implementation and supervision of such systems may pose in practice.

Keywords: rule of law, automation, algorithms, government decision making, statute drafting, judicial decision making, administrative decision-making, national security, law enforcement, transparency, accountability, administrative state

Suggested Citation

Zalnieriute, Monika and Burton, Lisa and Boughey, Janina and Bennett Moses, Lyria and Logan, Sarah, From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making (April 26, 2019). in Woodrow Barfield (ed), The Cambridge Handbook of the Law of Algorithms (Cambridge University Press 2021), pp. 251 – 272., UNSW Law Research Paper No. 19-30, Available at SSRN: https://ssrn.com/abstract=3380072 or http://dx.doi.org/10.2139/ssrn.3380072

Monika Zalnieriute (Contact Author)

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

Sydney, New South Wales 2052
Australia

Lisa Burton

University of New South Wales (UNSW)

Kensington, New South Wales 2052
Australia

Janina Boughey

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

Kensington, New South Wales 2052
Australia

Lyria Bennett Moses

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

Kensington, New South Wales 2052
Australia

Sarah Logan

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

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