The impact of technology/AI on future conceptions of the Rule of Law
Conceptions of the Rule of Law are legion. The majority of the popular conceptions derive from historical accounts that suggest, if the Rule of Law is about anything, it is about the prevention of the arbitrary application of power. This is derived from the common reliance on conceptions by Aristotle, Locke, Dicey, Hayek, Fuller, and Raz – the most recent of which was authored nearly half a century ago. Yet, the concept‘s malleability also sees it expressed purposively: in tempering power rather than simply stating what the concept might or might not achieve or listing the mechanisms it deploys. The use of AI by states in exercising power is increasing. With this increase comes the potential for arbitrary power to be applied in ways that were inconceivable to the authors of historic Rule of Law conceptions. This panel considers the ways in which the concept of the Rule of Law may need to change in order to take account of the increased use of AI in states‘ exercise of power.