Alexander Adam Grose (Independent researcher) has posted Constitutional Containment of Artificial Intelligence in Justice Systems: The Three-Pillar Doctrine on SSRN. Here is the abstract:
Existing AI governance frameworks have largely concentrated upon ethical principles, regulatory risk classification, and transparency obligations. This article argues that such approaches, while necessary, do not supply a constitutional containment architecture capable of structurally embedding advanced AI within adjudicative institutions consistent with public law principles. It contends that algorithmic assistance becomes constitutionally salient not when machines replace judges, but when computational systems structure the deliberative architecture within which judicial discretion operates. The threshold of constitutional salience is crossed where algorithmic systems influence salience, weighting, sequencing, or modelling in ways that shape discretionary reasoning rather than merely facilitate information access.
Recommended.
Lawrence Solum