Algorithmic Decision-Making, Delegation and the Modern Machinery of Government

The development of the principle of non-delegation in administrative law was a response to the perceived needs of a 'modern machinery of government', which emerged in post-war 1940s Britain. While it ostensibly sought to ensure that decision-makers appropriately retain their decision-making discretion, and through that political accountability, it has developed into a permissive doctrine that facilitates significant delegation of decision-making within public administration. As algorithmic decision-making (ADM) is increasingly used in public decision-making, it is necessary to question whether it remains fit for the modern machinery of government of the 2020s and beyond. This article considers the limitations of the doctrine in the context of public ADM, considers the shift in doctrinal approach that would be needed to accommodate this emerging machinery and concludes that the doctrine faces serious challenges in accommodating ADM in public decision-making.

Authors

Publication Details

Journal
Oxford Journal of Legal Studies
Published
2025-01-01
DOI
https://doi.org/10.1093/ojls/gqaf018
Citations
2
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
31.97
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article

Algorithmic Decision-Making, Delegation and the Modern Machinery of Government

Oliver Butler
2 citations
Oxford Journal of Legal Studies
Legal and Policy Issues
31.97
article

Algorithmic Decision-Making, Delegation and the Modern Machinery of Government

Oliver Butler
article en
2 citations

Abstract

The development of the principle of non-delegation in administrative law was a response to the perceived needs of a 'modern machinery of government', which emerged in post-war 1940s Britain. While it ostensibly sought to ensure that decision-makers appropriately retain their decision-making discretion, and through that political accountability, it has developed into a permissive doctrine that facilitates significant delegation of decision-making within public administration. As algorithmic decision-making (ADM) is increasingly used in public decision-making, it is necessary to question whether it remains fit for the modern machinery of government of the 2020s and beyond. This article considers the limitations of the doctrine in the context of public ADM, considers the shift in doctrinal approach that would be needed to accommodate this emerging machinery and concludes that the doctrine faces serious challenges in accommodating ADM in public decision-making.

Oxford Journal of Legal StudiesVol. 45(3)
Openalex Percentile: Top 1%
Legal and Policy Issues
31.97
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