AI and Lawmaking: worlds apart?

The intersection of 'Public Law', 'Governance' and 'Artificial Intelligence' is not limited to the question of how AI can be regulated. AI also has the potential to change certain fundamental processes of the state. This presentation looks at one such process: lawmaking. In what ways could IA change both the process and the outcome of lawmaking by legislators? Among the possible applications of AI in lawmaking discussed are 1) the use of AI in monitoring the effects of legislation ‘ex post’, in particular the potential of AI in identifying regulatory failures, 2) the possible changes in the types of norms used in legislation in sectors in which AI is used to support administrative decision-making (rules vs standards, level of abstraction, ‘granularity’ of norms), 3) the implications of AI for the idea of ‘technology neutrality’ in legislative drafting, 4) the expected increased frequency of legislative projects for which an (AI) system will need to be designed in parallel. To what extent to we see these applications emerging and what are the implications for the fields of public law and governance?
 

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