Nathalie A. Smuha (University of Toronto – Faculty of Law) has posted Artificial Intelligence in the Judiciary: A Threat to the Rule of Law? (Forthcoming in Monika Zalnieriute and Agne Limante (eds), The Cambridge Handbook of AI and Technologies in Courts, Cambridge University Press, 2026) on SSRN. Here is the abstract:
AI applications are increasingly deployed in the judiciary for a wide array of tasks, denoted as ‘judicial AI’. The implications for the legal system are vast. In this chapter, I focus on the effects of judicial AI on the rule of law, given the judiciary’s essential role in safeguarding this value. After examining what is meant by the rule of law, three sets of questions guide my analysis. First, how does the turn from text-driven to code- and data-driven legal interpretation affect the nature of law? Is there a risk that instead of fostering the rule of law, this leads to algorithmic rule by law? Second, since AI applications are designed by human beings, delegating judicial tasks to AI implies a delegation to the coders developing it. To what extent can this result in a rule of coders? And last, what impact does judicial AI have on the separation of powers, given that the executive and legislative branch of power control the judiciary’s resources? Can it undermine the judiciary’s ability to check and balance the other branches of power? The answers to these questions force me to conclude that many concerns must be addressed prior to judicial AI’s wide-scale adoption.