The Rule of Law for Artificial Intelligence in Public Administration: A System Safety Perspective

Abstract

This chapter proposes an analytical lens to comprehensively address the role of Artificial Intelligence (AI) applications in mediating arbitrary exercise of power in public administration and the citizen harms that result from such conduct. It provides a timely and urgent account to fill gaps in conventional Rule of Law thought. AI systems are socio-technical by nature and, therefore, differ from the text-driven social constructs that the legal professions dealing with Rule of Law issues concentrate on. Put to work in public administration contexts with consequential decision-making, technical artefacts can contribute to a variety of hazardous situations that provide opportunities for arbitrary conduct. A comprehensive lens to understand and address the role of technology in Rule of Law violations has largely been missing in literature. We propose to combine a socio-legal perspective on the Rule of Law with central insights from system safety—a safety engineering tradition with a strong scientific as well as real-world practice—that considers safety from a technological, systemic, and institutional perspective. The combination results in a lexicon and analytical approach that enables public organisations to identify possibilities for arbitrary conduct in public AI systems. Following on the analysis, interventions can be designed to prevent, mitigate, or correct system hazards and, thereby, protect citizens against arbitrary exercise of power.