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4 - Rationality

from Part II - Legal Controls

Published online by Cambridge University Press:  26 March 2025

Yee-Fui Ng
Affiliation:
Monash University, Victoria
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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.

Type
Chapter
Information
Combatting the Code
Regulating Automated Government Decision-Making in Comparative Context
, pp. 47 - 73
Publisher: Cambridge University Press
Print publication year: 2025

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  • Rationality
  • Yee-Fui Ng, Monash University, Victoria
  • Book: Combatting the Code
  • Online publication: 26 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009599207.006
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  • Rationality
  • Yee-Fui Ng, Monash University, Victoria
  • Book: Combatting the Code
  • Online publication: 26 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009599207.006
Available formats
×

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.

  • Rationality
  • Yee-Fui Ng, Monash University, Victoria
  • Book: Combatting the Code
  • Online publication: 26 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009599207.006
Available formats
×