Democracy and Distrust in an Era of Artificial Intelligence

TL;DR

This paper explores how judicial review should evolve to effectively oversee AI decision-making, ensuring minority rights are protected amidst privatization, prediction, and automation trends.

Contribution

It proposes a new framework for judicial review in the AI era, integrating due process and equal protection to combat algorithmic discrimination.

Findings

AI poses risks to minority rights through privatization, prediction, and automation.

Judicial review can incorporate AI-specific concepts for better oversight.

A framework for protecting minorities from algorithmic discrimination is outlined.

Abstract

This essay examines how judicial review should adapt to address challenges posed by artificial intelligence decision-making, particularly regarding minority rights and interests. As I argue in this essay, the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities. Here, I outline what a theory of judicial review would look like in an era of artificial intelligence, analyzing both the limitations and the possibilities of judicial review of AI. I draw on cases in which AI decision-making has been challenged in courts, to show how concepts of due process and equal protection can be recuperated in a modern AI era, and even integrated into AI, to provide for better oversight and accountability, offering a framework for judicial review in the AI era that protects minorities from algorithmic discrimination.