Rule of law and human rights in the era of artificial intelligence - keynote address

Abstract

This keynote address examines the profound shift from traditional, human-centered governance rooted in clear written law to an era driven by automated code and algorithmic regulation. While artificial intelligence (AI) offers unparalleled public efficiency, its deployment across public administration, policing, and the judiciary presents a severe tripartite challenge to the Rule of Law: opacity, the erosion of legal certainty, and the displacement of human discretion. Key Themes & Challenges • Algorithmic Opacity & Due Process: The "black box" nature of proprietary AI systems obscures the transparency of human reasoning and the requirement for reasoned justification. When algorithms are used to deny social security benefits (as seen in the "Robodebt" or Dutch childcare scandals) or predict criminal behavior (e.g., COMPAS), individuals are deprived of their right to contest decisions, directly threatening due process and a fair trial.

• Rules vs. Patterns: Traditional legal systems rely on stable, public, and predictable normative rules. Conversely, machine learning relies on statistical pattern recognition and probabilities, creating a fundamental tension that destabilizes legal foreseeability.

• Erosion of Human Discretion: Over-reliance on AI risks "legal automation bias," where human decision-makers abdicate their independent judgment and constitutional duties to algorithmic outputs.

• Human Rights Impacts: Beyond structural governance, AI deployment threatens basic human rights. Surveillance applications create a chilling effect on the right to privacy. Furthermore, predictive tools often automate and amplify historic systemic discrimination under a veneer of mathematical objectivity , while generative AI facilitates disinformation that destabilizes democratic shared realities. Regulatory Evolution & Conclusion The regulatory landscape has transitioned from voluntary ethical principles toward binding global governance and hard law. Frameworks like the European Union's risk-based AI Act, the Council of Europe's Framework Convention, and the Venice Commission’s Updated Rule of Law Checklist (December 2025) represent vital pivots toward "Legal Protection by Design". However, formal frameworks alone are insufficient; ensuring that technology does not hollow out human dignity demands strict human monitoring and active questioning. Ultimately, domestic and international courts will serve as the final bastions of democracy, ensuring that societal efficiency is balanced against the firm protection of human rights and the Rule of Law.