The book presents observations concerning automated decision-making
from a general point of view at the same time as it analyses the
manner in which praxis in some jurisdictions has evolved as
concerns automated decision-making and how the requirements that
are placed by the legal orders on it are formulated. The principle
of the rule of law should apply in the context of automated
decision-making of public authorities just as much as when the
decision-makers are physical persons. In sync with increasing
automatization of decision-making in public authorities,
problematizing questions about the appropriate legal basis for
algorithmic decision-making have started emerge. How should the
principle of the rule of law apply within the area of automated
decision-making, how should automated decision-making be regulated
so that it satisfies the requirements created by the principle of
the rule of law, and how should the principle of the rule of law be
made concrete in decision-making that is based on algorithms? The
proposal for an AI Act launched by the European Commission in April
2021, including an identification of high-risk uses of algorithmic
techniques, raises further questions concerning practices and
interpretations related to automated decision-making. The state
based on the rule of law proceeds from the maxim that public powers
are exercised within a legal frame that makes the exercise of
public powers foreseeable in light of legal norms. Also, a state
based on the rule of law requires that the contents of the exercise
of public powers is regulated by legal norms, which means that the
citizens must be able to know everything that is relevant about how
the powers will be exercised, not only who it is that will exercise
the powers. Because of rules and principles of this kind, including
non-discrimination and proportionality, the exercise of powers will
not become arbitrary.
General
| Imprint: |
Springer International Publishing AG
|
| Country of origin: |
Switzerland |
| Release date: |
August 2023 |
| Editors: |
Markku Suksi
|
| Dimensions: |
235 x 155mm (L x W) |
| Pages: |
219 |
| Edition: |
1st ed. 2023 |
| ISBN-13: |
978-3-03-130141-4 |
| Categories: |
Books
Promotions
|
| LSN: |
3-03-130141-2 |
| Barcode: |
9783031301414 |
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