TY - JOUR
T1 - Algorithm-assisted decision-making in the public sector
T2 - framing the issues using administrative law rules governing discretionary power
AU - Oswald, Marion
PY - 2018/9/13
Y1 - 2018/9/13
N2 - This article considers some of the risks and challenges raised by the use of algorithm-assisted decision-making and predictive tools by the public sector. Alongside, it reviews a number of long-standing English administrative law rules designed to regulate the discretionary power of the state. The principles of administrative law are concerned with human decisions involved in the exercise of state power and discretion, thus offering a promising avenue for the regulation of the growing number of algorithm-assisted decisions within the public sector. This article attempts to re-frame key rules for the new algorithmic environment and argues that 'old' law - interpreted for a new context - can help guide lawyers, scientists and public sector practitioners alike when considering the development and deployment of new algorithmic tools. This article is part of a discussion meeting issue 'The growing ubiquity of algorithms in society: implications, impacts and innovations'.
AB - This article considers some of the risks and challenges raised by the use of algorithm-assisted decision-making and predictive tools by the public sector. Alongside, it reviews a number of long-standing English administrative law rules designed to regulate the discretionary power of the state. The principles of administrative law are concerned with human decisions involved in the exercise of state power and discretion, thus offering a promising avenue for the regulation of the growing number of algorithm-assisted decisions within the public sector. This article attempts to re-frame key rules for the new algorithmic environment and argues that 'old' law - interpreted for a new context - can help guide lawyers, scientists and public sector practitioners alike when considering the development and deployment of new algorithmic tools. This article is part of a discussion meeting issue 'The growing ubiquity of algorithms in society: implications, impacts and innovations'.
U2 - 10.1098/rsta.2017.0359
DO - 10.1098/rsta.2017.0359
M3 - Article
SN - 1364-503X
VL - 376
SP - 1
EP - 20
JO - Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences
JF - Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences
IS - 2128
ER -