Automating Discretionary Decision-Making in the Public Sector: Legal Dimensions

16 Pages Posted: 23 Dec 2019 Last revised: 27 May 2020

See all articles by Will Bateman

Will Bateman

Australian National University

Date Written: November 1, 2019

Abstract

Complex legal issues accompany proposals to automate the exercise of public sector functions. Deterministic and predictive (data-drive) algorithmic decision-making systems challenge the function of legal principles which are deeply-entrenched in Anglo-phone legal systems. Public law protects human dignity by enforcing standards of rationality, transparency and responsiveness on public officials. This paper discusses the legal risks which arise where traditional public law doctrines confront algorithmic government.

Keywords: algorithmic decision-making, public law, artificial intelligence, machine learning, human dignity, administrative law, Australia

JEL Classification: K00, K42

Suggested Citation

Bateman, Will, Automating Discretionary Decision-Making in the Public Sector: Legal Dimensions (November 1, 2019). ANU College of Law Research Paper No. 20.10, Available at SSRN: https://ssrn.com/abstract=3493433 or http://dx.doi.org/10.2139/ssrn.3493433

Will Bateman (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 2601
Australia

HOME PAGE: http://https://law.anu.edu.au/people/will-bateman

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