Algorithmic Rule By Law: How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

Nathalie A. Smuha

doi:10.1017/9781009427500

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be relegated to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology, and government. This title is also available as open access on Cambridge Core.

‘Smuha’s work is a page turner on why the EU legislative toolbox must be improved - even with the AI Act as the most recent addition - to safeguard the rule of law in the age of the algorithmic leviathan, not only for experts on the intersection of the field of public law and technology regulation working towards better legal regulation, but also for experts in one of these respective fields seeking to broaden their horizon.’

O. A. (Ola) Al Khatib Source: Review of European Administrative Law

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Contents

Algorithmic Rule By Law
pp i-ii
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Algorithmic Rule By Law - Title page
pp iii-iii
How Algorithmic Regulation in the Public Sector Erodes the Rule of Law
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Detailed Contents
pp vii-x
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Figures
pp xi-xii
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Illustrations of Algorithmic Regulation
pp xiii-xiv
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Preface
pp xv-xvi
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Acknowledgements
pp xvii-xviii
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Table of Cases
pp xix-xxii
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Abbreviations
pp xxiii-xxiv
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1 - Introduction
pp 1-25
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2 - Algorithmic Regulation
pp 26-94
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3 - The Rule of Law
pp 95-150
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4 - From Rule of Law to Algorithmic Rule by Law
pp 151-229
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5 - Legal Safeguards in the EU Legal Order
pp 230-296
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6 - Conclusions
pp 297-310
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Bibliography
pp 311-344
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Index
pp 345-356
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Algorithmic Rule By Law

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

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Contents

Algorithmic Rule By Law
pp i-ii

Algorithmic Rule By Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Detailed Contents
pp vii-x

Figures
pp xi-xii

Illustrations of Algorithmic Regulation
pp xiii-xiv

Preface
pp xv-xvi

Acknowledgements
pp xvii-xviii

Table of Cases
pp xix-xxii

Abbreviations
pp xxiii-xxiv

1 - Introduction
pp 1-25

2 - Algorithmic Regulation
pp 26-94

3 - The Rule of Law
pp 95-150

4 - From Rule of Law to Algorithmic Rule by Law
pp 151-229

5 - Legal Safeguards in the EU Legal Order
pp 230-296

6 - Conclusions
pp 297-310

Bibliography
pp 311-344

Index
pp 345-356

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Algorithmic Rule By Law

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

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