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Table of Contents
Intro
Preface
Contents
Contributors
Introduction
References
Situating the Rule of Law in the Context of Automated Decision-Making
1 Introduction
2 The Rule of Law
3 Beyond the Anatomy of the Rule of Law: Individual Autonomy and Restraint of Power
4 Autonomy, Automation, and Discretion
5 Dignity and the Rule of Law in Automated Decision-Making
6 Democracy
7 Conclusions and Implications: Normative Refraction and the Rule of Law
References
Legislating for Legal Certainty, with a Right to a Human Face, in an Automated Public Administration
1 Introduction
2 Automation and Automated Decision-Making as a Specific Context in European Law and the Right to Human Review
3 A Right to Legal Certainty and Human Dignity: What Is the Stance of Administrative Law Toward Automated Decision-Making?
3.1 Legal Certainty, with Respect for the Inviolability of Human Dignity
3.2 Systemic-Level Conditions for Legal Certainty
4 Finnish Law and Legislative Initiatives on Automated Decision-Making
4.1 Constitutional Points of Departure and Ratio of Digital Administrative Law
4.2 Finlandś Acts on Automated Decision-Making in Public Administration: A Viable Solution or Just a Very Cautious Beginning?
5 Conclusions
References
Formal, Procedural, and Material Requirements of the Rule of Law in the Context of Automated Decision-Making
1 Introduction
2 The Legal Method of Decision-Making in an AI Context
2.1 Legal Reasoning (Subsumption) Based on Law
2.2 The Distinction Between Rule-Based and Machine-Learning-Based Algorithmic Systems
2.3 Reflections and Interpretations Concerning Algorithmic Techniques
3 Some Notes Concerning the Draft of the AI Act of the EU
4 Different Categories of the Rule of Law in Light of Automated Decision-Making: Global and Finnish Examples
4.1 Legal Basis
4.2 Automated Decision-Making at the Social Insurance Institution and at the Tax Administration
4.3 Automated Decision-Making in the Interpretations of the Constitutional Law Committee
5 Conclusion
References
Automation in Administrative Decision-Making Concerning Social Benefits
1 Introduction
2 The Process of Decision-Making Concerning Social Benefits at the SII
3 Current State of Automation in Administrative Decision-Making at the SII
4 Designing and Implementing Full and Partial Automation in the SII
5 Accountability and Automated Administrative Decisions in the SII
6 The Role of AI in Handling Social Benefits at the SII
6.1 Balancing the GDPR and Effective Public Administration
7 Conclusions and De Lege Ferenda
References
Artificial Intelligence, Public Administration, and the Rule of Law
1 Introduction
2 Algorithmic Decision-Making in Public Administrations
2.1 Examples and Assessment of Uses
Preface
Contents
Contributors
Introduction
References
Situating the Rule of Law in the Context of Automated Decision-Making
1 Introduction
2 The Rule of Law
3 Beyond the Anatomy of the Rule of Law: Individual Autonomy and Restraint of Power
4 Autonomy, Automation, and Discretion
5 Dignity and the Rule of Law in Automated Decision-Making
6 Democracy
7 Conclusions and Implications: Normative Refraction and the Rule of Law
References
Legislating for Legal Certainty, with a Right to a Human Face, in an Automated Public Administration
1 Introduction
2 Automation and Automated Decision-Making as a Specific Context in European Law and the Right to Human Review
3 A Right to Legal Certainty and Human Dignity: What Is the Stance of Administrative Law Toward Automated Decision-Making?
3.1 Legal Certainty, with Respect for the Inviolability of Human Dignity
3.2 Systemic-Level Conditions for Legal Certainty
4 Finnish Law and Legislative Initiatives on Automated Decision-Making
4.1 Constitutional Points of Departure and Ratio of Digital Administrative Law
4.2 Finlandś Acts on Automated Decision-Making in Public Administration: A Viable Solution or Just a Very Cautious Beginning?
5 Conclusions
References
Formal, Procedural, and Material Requirements of the Rule of Law in the Context of Automated Decision-Making
1 Introduction
2 The Legal Method of Decision-Making in an AI Context
2.1 Legal Reasoning (Subsumption) Based on Law
2.2 The Distinction Between Rule-Based and Machine-Learning-Based Algorithmic Systems
2.3 Reflections and Interpretations Concerning Algorithmic Techniques
3 Some Notes Concerning the Draft of the AI Act of the EU
4 Different Categories of the Rule of Law in Light of Automated Decision-Making: Global and Finnish Examples
4.1 Legal Basis
4.2 Automated Decision-Making at the Social Insurance Institution and at the Tax Administration
4.3 Automated Decision-Making in the Interpretations of the Constitutional Law Committee
5 Conclusion
References
Automation in Administrative Decision-Making Concerning Social Benefits
1 Introduction
2 The Process of Decision-Making Concerning Social Benefits at the SII
3 Current State of Automation in Administrative Decision-Making at the SII
4 Designing and Implementing Full and Partial Automation in the SII
5 Accountability and Automated Administrative Decisions in the SII
6 The Role of AI in Handling Social Benefits at the SII
6.1 Balancing the GDPR and Effective Public Administration
7 Conclusions and De Lege Ferenda
References
Artificial Intelligence, Public Administration, and the Rule of Law
1 Introduction
2 Algorithmic Decision-Making in Public Administrations
2.1 Examples and Assessment of Uses