Regulating automated decision-making in the justice system: what is the problem?

Abstract

The permeation of Artificial Intelligence (AI) into legal processes is in some ways unsurprising. Many tasks fundamental to legal practice, such as the analysis and interpretation of precedents and legislative texts, align well with AI's proficiency in data analysis, pattern recognition and predictive tasks. This chapter seeks to examine how a conspicuous lack of sector-specific legislation has engendered a complex landscape of debate, with contrasting stakeholder perspectives, that arguably undermines the coherence and efficacy of AI policy around judicial decision making. As such, we seek to sketch out the complexities of AI’s integration into judicial decision-making and the accompanying evolving regulatory environment.