Algorithmic Constitutionalism in Mexico: Artificial Intelligence, Public Power, and the Transformation of Fundamental Rights

Artificial intelligence is changing the scope of state action in the area of basic rights.AI use by public institutions is reshaping the scope of state action in the area of basic rights. This research aimed thus to evaluate the sufficiency of the Mexican constitution to control the use of AI by public bodies and to propose a model of algorithmic constitutionalism. A qualitative and documentary study was carried out in the field of algorithmic governance, reviewing constitutional norms, Mexican jurisprudence, academic studies and international instruments on issues such as transparency and explainability, human oversight and the protection of rights. The outcome shows that there are some bases for the regulation of automated decision making that are provided in the Mexican Constitution, specifically in the sections related to equality, data protection, access to information, due process and effective judicial protection. The regulatory landscape is divided and does not include a classification of risks, impact assessment, auditing or procedures to challenge algorithm decisions. Therefore, a democratic algorithmic constitutionalism model is presented, which is based on legal authorization, proportionality, transparency, explainability, human control, non-discrimination, judicial control, and accountability.