Administrative law in the digital world
Open accessAbstract
Basing our discussion on a range of different digital technologies, we aim to demonstrate the types of challenges digital technology is presenting for administrative law scholars . We look at the challenges in three different domains: substantive administrative law and legislation (e.g. whether the current judicial review principles will still work with and whether we need to think about rule-making differently); administrative decision-making (e.g. how automation is supporting and replacing officials and how application forms are moving online); and redress (e.g. online appeals and access to justice).
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Courts face a threshold problem of how to characterize algorithmic outputs, whether as reviewable "decisions," as parts of a broader administrative process, or as technical steps outside public law control.
“Scholarship on reviewing automated administrative acts argues that courts face a threshold problem of how to characterize algorithmic outputs, whether as reviewable “decisions,” as parts of a broader administrative process, or as technical steps outside public law control (Daly et al., 2023; Sjöberg, 2023).”
From Judicial review of algorithmic administrative systems legality evidence and remedies in the smart city state (2026) · cites this paper as Daly et al., 2023
Administrative courts may face specific difficulty in identifying "unlawful regimes" where the unlawfulness is produced by system settings or data pipelines rather than a visible official act.
“Comparative accounts also suggest that administrative courts may face specific difficulty in identifying “unlawful regimes” where the unlawfulness is produced by system settings or data pipelines rather than a visible official act (Gontarz, 2023; Daly et al., 2023).”
From Judicial review of algorithmic administrative systems legality evidence and remedies in the smart city state (2026) · cites this paper as Daly et al., 2023
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EU Administrative Decision-Making Delegated to Machines – Legal Challenges and Issues
Hubková, P. (2024) · AUC IURIDICA · doi:10.14712/23366478.2024.25 · Cited by 4 · see citing works
Ameen, K. S., Towfiq, T. A., Mousa, K. M., & Pooyanmehr, M. (2026) · Frontiers in Artificial Intelligence · doi:10.3389/frai.2026.1802986 · Cited by 4 · see citing works
- Authors
- Daly, P., Raso, J., & Tomlinson, J.
- Affiliations
- University of Ottawa (CA)
- McGill University (CA)
- University of York (GB)
- Corresponding author
- Daly, Paul
- Venue
- A Research Agenda for Administrative Law
- Publisher
- Edward Elgar Publishing
- Published
- 2023-02-10
- Pages
- 255-280
- OpenAlex
- W4321456473
- Cited by
- 10
- References
- 0
- Citations by year
- 2026: 3 · 2025: 2 · 2024: 4 · 2022: 1
- FWCI
- 15.72
- Type
- book chapter
- Language
- en
- Open access
- green
- doi.org
- Locations
- Edward Elgar Publishing eBooks (publishedVersion)
- SSRN Electronic Journal (publishedVersion)
- Topics
- Social Sciences › Political Science and International Relations › Administrative Law and Governance
- Social Sciences › Law › Digitalization, Law, and Regulation
- Social Sciences › Political Science and International Relations › E-Government and Public Services
- Keywords
- administrative law, digital technologies, judicial review, rulemaking, administrative decisions, automation, online application forms, access to justice, redress
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