Centering the Law in the Digital State
Abstract
Driven by the promise of increased efficiencies and cost-savings, the public sector has shown much interest in automated decision-making (ADM) technologies. However, the rule of law and fundamental principles of good government are being lost along the way.
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Administrative law as a framework and judicial review as an oversight mechanism understand decision-making as a process beginning before decisions are made and extending to their consequences and effects.
“Administrative law as a framework and judicial review as an oversight mechanism understand decision-making as a process beginning before decisions are made and extending to their consequences and effects.”
From Reviewable Automated Decision-Making: A Framework for Accountable Algorithmic Systems (2021) · cites this paper as [14]
Use of AI in the public sector can contradict the foundations of good governance, including the rule of law, human rights, and accountability.
“Such cases show that the use of AI in the public sector can indeed contradict the foundations of good governance-including the rule of law, human rights, and accountability-and must therefore be approached with caution [38, 123, 127, 137, 158].”
From “It’s Just a Wild, Wild West”: Harnessing Public Procurement as an AI Governance Mechanism (2026) · cites this paper as [38]
Cites
Dissecting racial bias in an algorithm used to manage the health of populations
Obermeyer, Z., Powers, B., Vogeli, C., & Mullainathan, S. (2019) · Science · doi:10.1126/science.aax2342 · Cited by 7,137 · see citing works
Cobbe, J. (2019) · Legal Studies · doi:10.1017/lst.2019.9 · Cited by 106 · cited 5× · see citing works
“11 Using proxies in ML systems, for instance, would likely be unlawful under administrative law’s requirement that only information materially relevant to the matter be considered in decision making.”
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Maintaining trust in a technologized public sector
Bodó, B., & Janssen, H. (2022) · Policy and Society · doi:10.1093/polsoc/puac019 · Cited by 59 · see citing works
Self-citationAgbabiaka, O., Ojo, A., & Connolly, N. (2025) · Technological Forecasting and Social Change · doi:10.1016/j.techfore.2025.124076 · Cited by 45 · see citing works
Lane, L. (2023) · Internet Policy Review · doi:10.14763/2023.1.1697 · Cited by 11 · see citing works
Tridgell, J., & Singh, J. (2025) · Conference on Fairness, Accountability and Transparency · doi:10.1145/3715275.3732032 · Cited by 4 · see citing works
“…sector actors has grown, encompassing the digital technology sphere, governments have increasingly encouraged them to take the initiative and responsibility for regulatory programs, often driven by efficiency or a principled desire for minimal government involvement in the private sector [11].”
Self-citationHere Be Dragons – Maintaining Trust in the Technologized Public SectorPreprint
Bodó, B., & Janssen, H. (2021) · Social Science Research Network · doi:10.2139/ssrn.3868208 · Cited by 4 · see citing works
Self-citation“It’s Just a Wild, Wild West”: Harnessing Public Procurement as an AI Governance Mechanism
Hudig, A. I., Kallina, E., & Singh, J. (2026) · Proceedings of the 2026 CHI Conference on Human Factors in Computing Systems · doi:10.1145/3772318.3791968 · Cited by 3 · see citing works
“During this process, government agencies collect and compare offers from multiple suppliers based on a range of criteria, traditionally with a strong focus on cost-effectiveness [1, 9, 38].”
InfluentialSelf-citationHudig, A. I., & Singh, J. P. (2026) · ACM Conference on Fairness, Accountability, and Transparency (FAccT) · doi:10.1145/3805689.3806741
“This points to opportunities to research information-sharing approaches that support oversight while respecting democratic rights and principles, proportionality, and harm-minimisation [24, 26, 77, 82].”
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- Authors
- Cobbe, J., Lee, M. S. A., Janssen, H., & Singh, J.
- Affiliations
- University of Cambridge (GB)
- Venue
- Computer
- Published
- 2020-10
- Volume
- 53
- Issue
- 10
- Pages
- 47-58
- ISSN
- 0018-9162 (ISSN-L)
- 1558-0814
- OpenAlex
- W3087799251
- Cited by
- 11
- References
- 0
- Citations by year
- 2026: 2 · 2025: 2 · 2024: 1 · 2023: 3 · 2022: 2 · 2021: 1
- FWCI
- 9.90
- Type
- journal article
- Language
- en
- Open access
- closed
- Licence
- Locations
- Computer (publishedVersion)
- UvA-DARE (University of Amsterdam) (publishedVersion)
- Data Archiving and Networked Services (DANS) (submittedVersion)
- Funders
- Microsoft (Microsoft Cloud Computing Research Centre)
- Engineering and Physical Sciences Research Council (EP/P024394/1, EP/R033501/1)
- University of Cambridge (Cambridge Trust & Technology Initiative)
- Aviva
- Topics
- Social Sciences › Law › Digitalization, Law, and Regulation
- Social Sciences › Political Science and International Relations › E-Government and Public Services
- Social Sciences › Political Science and International Relations › Artificial Intelligence in Law
- Keywords
- automated decision-making, rule of law, digital state, public sector, algorithmic governance, administrative efficiency
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