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. This title is also available as Open Access on Cambridge Core.
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.
Hans-W. Micklitz is Professor of Economic Law at the Robert Schuman Centre for Advanced Studies at European University Institute, Florence and Finland Distinguished Professor at the University of Helsinki. Oreste Pollicino is Full Professor of Constitutional Law at Bocconi University and Member of the Executive Board, European Agency for Fundamental Rights. Amnon Reichman is Full Professor of Constitutional Law at the University of Haifa. Andrea Simoncini is Full Professor of Constitutional Law at the University of Florence. Giovanni Sartor is Professor of Legal Informatics at the University of Bologna and Professor of Legal Informatics and Legal Theory at the European University Institute of Florence. Giovanni De Gregorio is a Postdoctoral researcher at the Centre for Socio-Legal Studies at the University of Oxford.
