Book contents
- Combatting the Code
- Combatting the Code
- Copyright page
- Contents
- Acknowledgments
- Part I Automation and the Administrative State
- Part II Legal Controls
- 3 Legal Frameworks
- 4 Rationality
- 5 Anti-discrimination
- 6 Public Sector Privacy and Data Protection
- 7 Freedom of Information
- Part III Political and Managerial Controls
- Index
4 - Rationality
from Part II - Legal Controls
Published online by Cambridge University Press: 26 March 2025
- Combatting the Code
- Combatting the Code
- Copyright page
- Contents
- Acknowledgments
- Part I Automation and the Administrative State
- Part II Legal Controls
- 3 Legal Frameworks
- 4 Rationality
- 5 Anti-discrimination
- 6 Public Sector Privacy and Data Protection
- 7 Freedom of Information
- Part III Political and Managerial Controls
- Index
Summary
The chapter examines the legal challenges of rationality of automated decision-making through constitutional due process in the US, and via judicial review in the UK and Australia. The existing legal frameworks of these jurisdictions are premised on human decision-making and the concept of human rationality. Automated decisions that fail the test of rationality can be invalidated. Following this, the chapter will consider three main issues in terms of reviewability of the rationality of a decision: what is seen as constituting a “decision”, who is the decision-maker, and what factors and criteria can be used in making a decision.
Keywords
- Type
- Chapter
- Information
- Combatting the CodeRegulating Automated Government Decision-Making in Comparative Context, pp. 47 - 73Publisher: Cambridge University PressPrint publication year: 2025