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Constitutional Challenges in the Algorithmic Society

Constitutional Challenges in the Algorithmic Society

Author: Hans-Wolfgang Micklitz; Oreste Pollicino; Amnon Reichman; Andrea Simoncini; Giovanni Sartor; Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 9781108823890

Published In: April 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108843126

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New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors.

Makes an important and novel contribution to the field of law and technology
Fills a gap in legal studies concerning the relationship between artificial intelligence and constitutional law

1. Constitutional Law in the Algorithmic Society

Oreste Pollicino and Giovanni De Gregorio

Part I. Algorithms, Freedom and Fundamental Rights:

2. Fundamental Rights and the Rule of Law in the Algorithmic Society

Andrea Simoncini and Erik Longo

3. Inalienable Due Process in an Age of AI: Limiting Contractual Creep toward Automated Adjudication

Frank Pasquale

4. Constitutional Challenges in the AI Emotions Era

Peggy Valcke, Damian Clifford and Viltė Kristina Steponėnaitė

5. Algorithmic surveillance as a new bureaucracy: law production by data or data production by law?

Mariavittoria Catanzariti

6. Human Rights and Algorithmic Impact Assessment for Predictive Policing

Celine Castest-Renard

7. Law Enforcement and Data-Driven Predictions at the National and EU Level: A Challenge to the Presumption of Innocence and Reasonable Suspicion?

Francesca Galli

Part II. Regulation and Policy:

8. Algorithms and Regulation

Amnon Reichman and Giovanni Sartor

9. Artificial Intelligence, Governance and Ethics: Global Perspectives

Angela Daly, Thilo Hagendorff, Li Hui, Monique Mann, Vidushi Marda, Ben Wagner and Wayne Wei Wang

10. EU By-Design Regulation in The Algorithmic Society: Promising Way Forward or Constitutional Nightmare In-the-making?

Pieter Vancleynenbreugel

11. What's in the Box? The Legal Requirement of Explainability in Computationally Aided Decision-Making in Public Administration

Henrik Palmer Olsen, Jacob Livingston Slosser and Thomas Troels Hildebrandt

12. The International Regulatory Race for Protecting Investors from Crypto-Finance Risks

Yaiza Cabedo

Part III. Roles and Responsibilities of Private Actors:

13. Responsibilities of Companies in the Algorithmic Society

Hans W. Micklitz and Anne Aurelie Villanueva

14. Consumer Law as a Tool to Regulate Adverse Consequences of AI Output

Serge Gijrath

15. When the Algorithm is not Fully Reliable: The Collaboration between Technology and Humans in the Fight against Hate Speech

Federica Casarosa

16. Smart Contracts and Automation of Private Relationships

Pietro Sirena and Francesco Paolo Patti

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