Artificial Intelligence in Government: Risks and Challenges of Algorithmic Governance in the Administrative State

Abstract

This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the EU. Finally, the article concludes by identifying and analyzing the main legal and policy problems involved in the use of artificial intelligence in government. It challenges values, principles, and institutions of the traditional administrative state and also requires us to think of new frameworks for constitutional and administrative law to guarantee citizens' rights and public interest.