Irina Carnat (Sant’Anna School of Advanced Studies) has posted Automation as Delegation of Power: Constitutional Constraints on AI Systems for the Administration of Justice on SSRN. Here is the abstract:
The deployment of generative AI systems in judicial decision-making constitutes a de facto delegation of power that threatens constitutional principles governing the administration of justice, particularly the fundamental right to an effective judicial remedy under Article 47 of the Charter of Fundamental Rights. This article operationalizes constitutional constraints within the EU AI Act’s risk-based regulatory framework by analyzing relevant provisions on risk classification, fundamental rights impact assessments, human oversight, and the right to an explanation. The proposed algorithmic accountability framework distributes responsibility among providers, deployers, and surveillance authorities, demonstrating how constitutional principles must engage substantively with pragmatic product safety regulation to preserve judicial independence and accountability in an age of algorithmic governance.
Recommended.