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6 - Conclusions

Published online by Cambridge University Press:  14 December 2024

Nathalie A. Smuha
Affiliation:
KU Leuven Faculty of Law
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Summary

In this book, I examined how public authorities’ reliance on algorithmic regulation can affect the rule of law and erode its protective role. I conceptualised this threat as algorithmic rule by law and evaluated the EU legal framework’s safeguards to counter it. In this chapter, I summarise my findings, conclude that this threat is insufficiently addressed (Section 6.1) and provide a number of recommendations (Section 6.2). Finally, I offer some closing remarks (Section 6.3). Algorithmic regulation promises simplicity and a route to avoid the complex tensions of legal rules that are continuously open to multiple interpretations. Yet the same promise also threatens liberal democracy today, as illiberal and authoritarian tendencies seek to eliminate plurality in favour of simplicity. The threat of algorithmic rule by law is hence the same that also threatens liberal democracy: the elimination of normative tensions by essentialising a single view. The antidote is hence to accept not only the normative tensions that are inherent in law but also the tensions inherent in a pluralistic society. We should not essentialise the law’s interpretation, but embrace its normative complexity.

Type
Chapter
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Algorithmic Rule By Law
How Algorithmic Regulation in the Public Sector Erodes the Rule of Law
, pp. 297 - 310
Publisher: Cambridge University Press
Print publication year: 2024

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  • Conclusions
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.009
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  • Conclusions
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.009
Available formats
×