Judicial Automation: Balancing Rights Protection and Capacity-Building
Elgar Encyclopedia of the Sociology of Law, Forthcoming 2026, ISBN 9781035333158
3 Pages Posted: 3 Apr 2025 Last revised: 5 Feb 2025
Date Written: February 05, 2025
Abstract
This entry explores the global rise of judicial automation and its implications through two dominant frameworks: rights protection and capacity-building. The rights protection framework aims to safeguard individual rights against opaque judicial automation by advocating for the use of explainable and contestable AI tools in courts. In contrast, the capacity-building framework prioritises judicial efficiency and consistency by automating court proceedings. Although these frameworks offer contrasting approaches, they are not mutually exclusive. A balance needs to be struck, where judicial automation enhances judicial capacities while maintaining transparency and accountability.
Keywords: judicial automation, individual rights, judicial capacity, right to explanation
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