The Transformation of the Rule-of-Law State in the Age of Artificial Intelligence

Abstract

In the contemporary era, the rapid integration of artificial intelligence into public administration and justice systems is fundamentally transforming the classical model of the rule-of-law state. This paper examines the complex challenges that algorithmic governance poses to the principle of separation of powers, legal certainty, and the fundamental rights of the individual.

The paper discusses the architecture of global governance and the so-called "war of standards," in which the European Union's values-oriented model (the EU AI Act) is opposed to the radically different approaches of the United States and China. It argues that the absence of a unified international convention gives rise to normative fragmentation, which threatens the universality of international law.

The paper also focuses on constitutional guarantees. The process of algorithmic decision-making is often characterized by the "black box" effect, which makes it impossible to provide proper justification for acts of public authority and violates the citizen's right to a fair trial. On the basis of comparative legal analysis (e.g., the Netherlands' SyRI case and the United States' Loomis v. Wisconsin), it demonstrates how national courts are attempting to establish the principle of human oversight as a constitutional standard. For the rule-of-law state, the development of "digital constitutionalism" is essential. This entails not only the adaptation of existing norms but also the recognition of a new generation of rights, such as the right to demand an algorithmic explanation and protection from automated discrimination. Ultimately, the paper argues that in the age of AI, the principal function of law is to create an ethical and legal framework for technological progress, one in which human dignity remains the supreme value.