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Publisher:
Cambridge University Press
Online publication date:
December 2024
Print publication year:
2024
Online ISBN:
9781009427500
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-ND 4.0 https://creativecommons.org/creativelicenses

Book description

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 confined 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.

Reviews

‘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
  • 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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