Advancement or Impediment? AI and the Rule of Law

Artificial Intelligence (AI) technology increasingly permeates our daily lives and has the potential to both generate considerable economic benefits and to profoundly impact the rule of law. The policy implications of the proliferation of AI systems are therefore far-reaching.

This paper outlines the importance of an ethical and responsible approach to AI technology in order to ensure that the rule of law is upheld in the EU and among its like-minded partners. It highlights specific elements of the rule of law which are most endangered by the unregulated application of AI systems and analyses options available which may ensure that AI is used in a way which complements, rather than hinders, the rule of law.

AI systems if designed, developed and deployed in line with the rule of law and its associated principles, namely, equality before the law, access to justice and accountability, could yield many benefits for society. This paper analyses the use of AI systems in the administration of justice, both in the civil and criminal justice systems, the use of AI in law enforcement, including in policing and judicial decision-making, and the need for accountability and transparency to remain prevalent in all domains in which AI systems are applied.

Given the fluctuating scale of adherence to rule of law in the EU currently, this paper asserts the need for a regulation of AI systems which embeds a rule of law approach from the outset, in order to both fortify and revive these founding EU values across the Member States.