Constitutional Challenges in the Algorithmic Society

doi:10.1017/9781108914857

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.

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Contents

Constitutional Challenges in the Algorithmic Society
pp i-ii
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Constitutional Challenges in the Algorithmic Society - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Figures
pp vii-vii
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Contributors
pp viii-ix
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Acknowledgements
pp x-x
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Introduction
pp 1-2
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1 - Constitutional Law in the Algorithmic Society
pp 3-24
- By Oreste Pollicino, Giovanni De Gregorio
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Part I - Algorithms, Freedom, and Fundamental Rights
pp 25-128
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2 - Fundamental Rights and the Rule of Law in the Algorithmic Society
pp 27-41
- By Andrea Simoncini, Erik Longo
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3 - Inalienable Due Process in an Age of AI: Limiting the Contractual Creep toward Automated Adjudication
pp 42-56
- By Frank Pasquale
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4 - Constitutional Challenges in the Emotional AI Era
pp 57-77
- By Peggy Valcke, Damian Clifford, Viltė Kristina Dessers
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5 - Algorithmic Law: Law Production by Data or Data Production by Law?
pp 78-92
- By Mariavittoria Catanzariti
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6 - Human Rights and Algorithmic Impact Assessment for Predictive Policing
pp 93-110
- By Céline Castets-Renard
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7 - Law Enforcement and Data-Driven Predictions at the National and EU Level
pp 111-128
A Challenge to the Presumption of Innocence and Reasonable Suspicion?
- By Francesca Galli
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Part II - Regulation and Policy
pp 129-260
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8 - Algorithms and Regulation
pp 131-181
- By Amnon Reichman, Giovanni Sartor
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9 - AI, Governance and Ethics
pp 182-201
Global Perspectives
- By Angela Daly, Thilo Hagendorff, Li Hui, Monique Mann, Vidushi Marda, Ben Wagner, Wayne Wei Wang
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10 - EU By-Design Regulation in the Algorithmic Society
pp 202-218
A Promising Way Forward or Constitutional Nightmare in the Making?
- By Pieter Van Cleynenbreugel
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11 - What’s in the Box?
pp 219-235
The Legal Requirement of Explainability in Computationally Aided Decision-Making in Public Administration
- By Henrik Palmer Olsen, Jacob Livingston Slosser, Thomas Troels Hildebrandt
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12 - International Race for Regulating Crypto-Finance Risks
pp 236-260
A Comprehensive Regulatory Framework Proposal
- By Yaiza Cabedo
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Part III - Roles and Responsibilities of Private Actors
pp 261-262
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13 - Responsibilities of Companies in the Algorithmic Society
pp 263-280
- By Hans-W. Micklitz, Aurélie Anne Villanueva
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14 - Consumer Law as a Tool to Regulate Artificial Intelligence
pp 281-297
- By Serge Gijrath
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15 - When the Algorithm Is Not Fully Reliable
pp 298-314
The Collaboration between Technology and Humans in the Fight against Hate Speech
- By Federica Casarosa
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16 - Smart Contracts and Automation of Private Relationships
pp 315-330
- By Pietro Sirena, Francesco Paolo Patti
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Constitutional Challenges in the Algorithmic Society

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Contents

Constitutional Challenges in the Algorithmic Society
pp i-ii

Constitutional Challenges in the Algorithmic Society - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Figures
pp vii-vii

Contributors
pp viii-ix

Acknowledgements
pp x-x

Introduction
pp 1-2

1 - Constitutional Law in the Algorithmic Society
pp 3-24

Part I - Algorithms, Freedom, and Fundamental Rights
pp 25-128

2 - Fundamental Rights and the Rule of Law in the Algorithmic Society
pp 27-41

3 - Inalienable Due Process in an Age of AI: Limiting the Contractual Creep toward Automated Adjudication
pp 42-56

4 - Constitutional Challenges in the Emotional AI Era
pp 57-77

5 - Algorithmic Law: Law Production by Data or Data Production by Law?
pp 78-92

6 - Human Rights and Algorithmic Impact Assessment for Predictive Policing
pp 93-110

7 - Law Enforcement and Data-Driven Predictions at the National and EU Level
pp 111-128

Part II - Regulation and Policy
pp 129-260

8 - Algorithms and Regulation
pp 131-181

9 - AI, Governance and Ethics
pp 182-201

10 - EU By-Design Regulation in the Algorithmic Society
pp 202-218

11 - What’s in the Box?
pp 219-235

12 - International Race for Regulating Crypto-Finance Risks
pp 236-260

Part III - Roles and Responsibilities of Private Actors
pp 261-262

13 - Responsibilities of Companies in the Algorithmic Society
pp 263-280

14 - Consumer Law as a Tool to Regulate Artificial Intelligence
pp 281-297

15 - When the Algorithm Is Not Fully Reliable
pp 298-314

16 - Smart Contracts and Automation of Private Relationships
pp 315-330

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Constitutional Challenges in the Algorithmic Society

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