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

Examines algorithmic rule by law, or how algorithmic regulation can erode the rule of law under the guise of efficiency.

Nathalie A. Smuha (Author)

9781009427463, Cambridge University Press

Hardback, published 12 December 2024

380 pages
23.5 x 15.8 x 2.5 cm, 0.692 kg

'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, Review of European Administrative Law

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.

1. Introduction
2. Algorithmic regulation
3. The rule of law
4. From rule of law to algorithmic rule by law
5. Legal safeguards in the EU legal order
6. Conclusions
Bibliography
Case law
List of figures
List of illustrations of algorithmic regulation
Abbreviations.

Subject Areas: IT & Communications law [LNQ]