Sep 2026· Ethics and Information Technology· Vol 28· 0 citations· 28 references
Abstract
Modern states increasingly use AI systems in public decision-making, including benefits eligibility, risk classification, immigration adjudication, and judicial administration. Defenders often argue that democratic authorization, validation, and review are sufficient to render such systems legitimate; critics often reply that human beings must decide. I argue that both responses miss a deeper question: what distinguishes a lawful procedure from a publicly imputable judgment? Drawing on Kant’s Rechtslehre, I argue that when the state makes a materially burdensome, legally operative, reasonably contestable, and practically final determination of a person’s legal status, the legally operative ground of that determination must be attributable to an answerable office with the authority, capacity, and institutional independence to adopt or reject it as its own. This yields a right to an answer: a right to be governed through office-owned judgment rather than unowned architecture. The argument does not condemn AI in public administration. It identifies the moral threshold at which algorithmic assistance becomes impermissible substitution.
It is argued that public uses of AI should not be evaluated primarily through technical efficiency, ethical compliance, or procedural safeguards, but through democratic legitimacy, and that societies retain the democratic authority to shape, question, supervise, correct, and, when necessary, reject their use.
A. Duche-Pérez, Marco Tulio Falconí Picardo, Emmanuel Neptalí Augusto Chávez Urquizo et al.· Frontiers in Political Scien...· 0 citations
The core claim is that algorithms cannot cancel the need for institutional anchors that hold accountability in place, adjudicate value disputes, and sustain civic participation.
Ling-Kai Kong, Yun-Xin Chang· The social science· 0 citations
The proliferation of artificial intelligence across public and private sectors has positioned algorithmic decision-making at the heart of consequential outcomes, from criminal sentencing and credit scoring to healthcare allocation and employment screening. Yet the opacity of AI systems, combined with fragmented governa...
Nikita Sharma, Sandeep Saini· International Journal of Law...· 0 citations
Constitutional adjudication increasingly depends on empirical assessments of risks, regulatory effects, and the actual impact of restrictions on constitutional rights. As a result, the Constitutional Court’s epistemic discretion has expanded, while the post-truth environment and the spread of generative artificial inte...
I. Kang· Korean Association of Intern...· 0 citations
This article aims to reconceptualize the legitimacy crisis of algorithmic governance as a problem of epistemic boundaries rather than technical design. Debates on algorithmic justice have largely revolved around transparency, explainability, and user trust, while a more basic question has remained in the background: on...
Harun Serpil· The Turkish Online Journal o...· 0 citations
The use of AI in courts is highly contested, with positions ranging from outright opposition to unmitigated enthusiasm. However, normative assessments of its deployment often rely on standards or analogies that are unclear in their pedigree, coherence and scope conditions. This article explores how theories of legiti...
A. Follesdal, M. Langford· Law and Governance· 0 citations
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