Rule of law in the AI era: addressing accountability, and the digital divide

The rule of law is a dynamic and evolving concept that adapts to the changing needs and values of society. In light of the information technology revolution and the widespread use of AI applications, a fundamental question arises: how will these advancements influence the concept and application of the rule of law? The answer is twofold. Firstly, the ‘black box’ problem and the general lack of understanding regarding how automated decisions are reached present multiple challenges to the rule of law. This can potentially lead to decisions influenced by systemic biases without a transparent and accountable decision-making framework. Addressing these challenges requires upholding the rule of law through human involvement in automated decision-making processes and possibly enforcing an obligation for reason and explainability. However, the extent of human involvement and the need for explainability would vary based on the nature and function of the AI applications. Secondly, the unprecedented benefits derived from the use of AI applications carry the risk of exacerbating the digital divide, significantly impacting equality. Consequently, it will be argued that the rule of law necessitates both governments and private entities utilizing AI applications to implement measures aimed at preventing and narrowing the digital divides.