AI in judicial application of law and the right to a court


The subject of the presented study involves the impact of the use of artificial intelligence in the adjudicating process on the respect of the right to a fair trial in individual branches of law. The author puts forward a research thesis that it is not possible to use information systems using artificial intelligence in all types of court proceedings, so that the right to a fair and public hearing of a case without undue delay by a competent, independent and impartial court is realized.

The starting point for the discussion is the analysis of the content of the right to a fair trial, with particular emphasis on the impartiality and independence of the court. Next, the author analyses the possibility of limiting the human factor in court proceedings in favour of passing judgements by means of information systems. Firstly, the possibility of using a system that employs artificial intelligence to support the adjudicating procedure and to suggest a ruling and leave the final decision to the judge is looked at. Secondly, the paper reviews the system that issues binding decisions on its own, without the judge’s participation in the trial. The paper discusses these issues in relation to different types of court proceedings: civil, criminal and administrative, taking into account the specific characteristics and objectives of these proceedings. In his reflections on the research problem, the author also refers to the right to a quick examination of the case and how it can be affected by the use of information systems based on artificial intelligence. The study employs the method of analysing the law in force and the method of investigating theories of law, taking into account the critical analysis of the literature.

AI in judicial application of law and the right to a court
Nowotko Paweł ORCID 0000-0001-9860-9129
Słowa kluczowe
informatization; court; application of the law; judgment
Słowa kluczowe
informatyzacja; sąd; stosowanie prawa; wyrok
Typ zasobu
Identyfikator zasobu
DOI 10.1016/j.procs.2021.08.235
Procedia Computer Science, 2021, vol. 192, s. 2220-2228
Prawa autorskie
Dyscyplina naukowa
Nauki prawne; Dziedzina nauk społecznych
Publikacje pracowników US
Data udostępnienia21 sie 2023, 08:10:04
Data mod.21 sie 2023, 08:10:04
Aktywnych wyświetleń0