Roberto Scarciglia
Abstract
The extensive literature on artificial intelligence (AI) frequently explores its relationship with state systems, a topic dense with issues touching on different areas of law and the organisation of public authorities, both from the perspective of domestic law and on a comparative level. In the context of legal comparison, there are obvious difficulties in addressing this subject, since the public policies and regulatory solutions adopted in different legal systems often appear to be similar, without actually being so.
This article highlights key variables within legal systems that have a bearing on the development of AI and the theoretical construction of an ‘algorithmic state’. It further demonstrates that, in addition to traditional research methods, a quantitative approach relying on global indicators and interdisciplinarity can be useful in exploring the relationship between public law and AI from a comparative perspective.
Table of Contents
Introduction
Methodological Approaches and Variables
Indicators, Public Law, and AI
3.1. Indicators and Constitutional Design
3.2. Indicators and Administrative OrganisationConcluding Remarks