Can AI Empower the Rule of Law?
In an age marked by the juxtaposition of democracy and authoritarianism, artificial intelligence (“AI”) presents a new challenge for the democratic rule of law. In 2023, Chief Justice John Roberts predicted that AI would significantly impact the judiciary, especially at the trial level. Only two years later, AI has already risen as a significant player in some of the most important fields of human research and professional practice, including law. Scholars have debated its use in the criminal justice system, public administration, medicine, and its effects on the rule of law and intellectual property. More recently, scholars have begun to discuss the potential effect of AI on democracy and equality. That discussion has yet to include, however, the consequences of AI on the democratic rule of law.
The debate on the use of AI, so far, has focused primarily on one element of legality: due process. Yet, legality in a democracy surpasses the procedural baseline of due process and raises considerations of substantive justice. In a rapidly developing field, where the use of AI expands in some of the most important aspects of human life, including the area of democratic governance, it is essential to investigate its effect on other elements of democratic legality beyond due process and to examine the ways in which AI could be used to contribute to both democracy and equality. This Article discusses how AI can empower—as opposed to threaten—the democratic rule of law, focusing on its effect on equality and democratic governance.
PDF: https://journals.law.unc.edu/ncjolt/wp-content/uploads/sites/4/2025/10/EPapadaki_Can-AI-Empower-the-Rule-of-Law_Publish.pdf
Author: Eleftheria Papadaki
Volume 27, Issue 1