Automating Government Decisionmaking: Implications for the Rule of Law

In S. de Souza, M. Spohr (eds) Technology, Innovation and Access to Justice: Dialogues on the Future of Law (Edinburgh University Press, 2021)

UNSW Law Research Paper No. 21-40

36 Pages Posted: 17 Mar 2021 Last revised: 27 Apr 2021

See all articles by Monika Zalnieriute

Monika Zalnieriute

University of New South Wales (UNSW) - UNSW Law & Justice

Lyria Bennett Moses

University of New South Wales (UNSW) - UNSW Law & Justice

George Williams

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: 2021

Abstract

This chapter assesses the benefits and challenges to the rule of law posed by automation of government decision-making. We focus narrowly on aspects of the rule of law that have the widest acceptance across political and national systems, notably that it requires governance in which the law must be predictable, stable, accessible and everyone must be equal before the law. These rule of law values are applied to four case studies: automated debt- collection in Australia, data-driven risk assessment by judges in the United States, social credit scoring in China, and automated welfare in Sweden.

Keywords: Rule of Law, Constitutional Law, Administrative Law, Algorithms, Public Law, Machine Learning, Statute Drafting, Statutes, Comparative Law, Legal Theory, Artificial Intelligence, Government

Suggested Citation

Zalnieriute, Monika and Bennett Moses, Lyria and Williams, George, Automating Government Decisionmaking: Implications for the Rule of Law (2021). In S. de Souza, M. Spohr (eds) Technology, Innovation and Access to Justice: Dialogues on the Future of Law (Edinburgh University Press, 2021), UNSW Law Research Paper No. 21-40, Available at SSRN: https://ssrn.com/abstract=3805496

Monika Zalnieriute (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Sydney, New South Wales 2052
Australia

Lyria Bennett Moses

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

George Williams

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

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