Judicial Review Evidence in the Era of the Digital State

23 Pages Posted: 25 Jun 2020

See all articles by Joe Tomlinson

Joe Tomlinson

University of York

Katy Sheridan


Adam Harkens

University of Strathclyde, School of Law

Date Written: May 31, 2020


Automated decision-making (ADM) in the public sector creates a wide range of issues that require public law analysis. A precondition of such analysis is the existential question of whether mechanisms for enforcing public law norms will continue to be effective in the era of the digital state. This article considers one institutional manifestation of that fundamental question: how public law errors in ADM systems are evidenced in judicial review proceedings. Our analysis of the nature of proving error in ADM systems reveals that this emergent mode of administration will likely have a range of impacts on contemporary judicial review evidence practices — we identify seven potential effects. This exploration also exposes how current scholarship is operating on a deficient account of the role of evidence in public law adjudication. In this sense, our thesis reveals how advancements in digital government expose the frailties and limitations of our existing understanding of public law.

Suggested Citation

Tomlinson, Joe and Sheridan, Katy and Harkens, Adam, Judicial Review Evidence in the Era of the Digital State (May 31, 2020). Available at SSRN: https://ssrn.com/abstract=3615312 or http://dx.doi.org/10.2139/ssrn.3615312

Joe Tomlinson (Contact Author)

University of York ( email )

United Kingdom

Katy Sheridan

Independent ( email )

Adam Harkens

University of Strathclyde, School of Law ( email )

Lord Hope Building
141 St James Rd
Glasgow, Scotland G4 0LT
United Kingdom

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