Technology and the Judicial Role
in Gabrielle Appleby and Andrew Lynch (eds), The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia (Cambridge University Press, 2021)
38 Pages Posted: 26 Nov 2019 Last revised: 4 Mar 2021
Date Written: 2020
Abstract
Technology is often seen as having transformational capacity to improve societal institutions, and the judiciary has not been an exception to this trend. For a number of years, courts around the world have invested in digital uplift projects. Beyond the routine use of technology to improve judicial systems, which is widely accepted and largely self-explanatory, many jurisdictions are increasingly investigating more sophisticated applications. Governments and courts are asking whether and to what extent machine learning techniques and other artificial intelligence applications should play a role in assisting tribunals and judiciary in decision-making. In this Chapter, we ask how these new uses of technology might, in turn, impact judicial values and judges’ own sense of themselves, and even transform the role of judges.
Keywords: Technology, AI, Algorithms, Automation, Automated Decision-Making, Judiciary, Courts, Judges, Judicial Values, Online Courts, Transparency, Accountability, Impartiality, Diversity.
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