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  • 4 - From Rule of Law to Algorithmic Rule by Law

  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book:
    Algorithmic Rule By Law
    Published online:
    14 December 2024
    Print publication:
    12 December 2024, pp 151-229

  • Summary

    In Chapter 3, I developed this book’s normative analytical framework by concretising the six principles that can be said to constitute the rule of law in the EU legal order. Drawing on this framework, in this chapter I now revisit each of these principles and carry out a systematic assessment of how public authorities’ reliance on algorithmic regulation can adversely affect them (Section 4.1). I then propose a theory of harm that conceptualises this threat, by juxtaposing the rule of law to algorithmic rule by law (Section 4.2). Finally, I summarise my findings and outline the main elements that should be considered when evaluating the aptness of the current legal framework to address this threat (Section 4.3).