Document Type : Original Article
Highlights
Innovative Theory of Administrative Rule of Law, an Analysis of Characteristics and Reforms Raised by Artificial Intelligence
Introduction
Artificial Intelligence (AI) systems use algorithms and various techniques to process information and solve problems or make decisions that could only be made by the human brain. AI technology currently is not only related to the security, power and competitiveness of the countries, but also is beneficial to risk control, social governance and administrative decisions. The existing legal research related to artificial intelligence is extensively focused on civil law, criminal law and intellectual property, involving the legal qualification of AI entities, the copyright of AI, human privacy protection, and so on. Comparatively, the administrative law of artificial intelligence is rarely researched and little is known about the theoretical innovation of administrative law. Moreover, in the context of artificial intelligence, the traditional theory of administrative rule of law shows a stiff trend, and with the change of the times, it is not only necessary but also innovative to reconstruct the theory of administrative rule of law and adapt it to the new world of AI.
Theoretical frame work
This study on the one hand explains the concept of the theory of administrative law and introduces a different understanding of the rule of law in different countries. On the other hand, it analyses the motivations and reasons for deploying artificial intelligence in administrative law and presents the characteristics of the administrative rule of law that can be efficiently realized using the artificial intelligence. Finally, by understanding the nature and features of artificial intelligence, the main principles of administrative law are extended and innovated on the basis of AI applications. A reconstruction of the theory of administrative rule of law that is consistent with these innovative principles is consequently proposed.
Methodology
This study attempts to answer the main questions of this research based on the characteristics of the era of artificial intelligence. It investigates the innovative principles of the theory of administrative rule of law by criticizing and comparing various statutes, regulations, and legal doctrines of different countries and thereupon presents a reinterpretation of the theory of administrative rule of law.
Results & Discussion
Artificial intelligence has completely changed all aspects of human social life, and the integration of artificial intelligence and administrative law opens up a new field of legal research. In this paper, the main motivations and reasons for deploying artificial intelligence in administrative law are investigated, as follows:
- Artificial intelligence arose at the historic moment, together with the advances of big-data and block-chain technologies. AI can then process a lot of information quickly and securely, complete the process of analyzing, and profoundly affect the content and form of administrative activities.
-Artificial intelligence technology accelerates the realization of administrative law characteristics, namely, AI-powered efficiency and justice, procedural doctrine adaptation and extended administrative supervision.
-Artificial intelligence plays an important role in the evolution of administrative law. In Iran, before the constitution was written in 1916, the principle of the rule of law didn’t exist in the legal system, and the actions of the administrative subjects didn’t ensure the impartiality of the administrative process. Iranian acquaintance with Weber's theory of bureaucracy, resulted in Iran Civil Servants Employment Law passed in 1922, as an attempt to prevent the misconduct of administrative subjects. A legal standard based on Weber's theory shows a certain rigidity and makes it impossible for the administrative subjects to give up the administrative act that is not reasonable. Thus, the identification of deficiencies and shortcomings of the theory resulted in the Civil Service Management Law in 2007 that emphasizes principles such as access to electronic information, equality, transparency, accountability. Thereafter the administrative law of Iran entered a new phase. The application of artificial intelligence will realize the principles, overcome the irrational factors, and provide a relatively unified subjective criteria.
On the other hand, artificial intelligence contribute to the reconstruction of the theory of administrative rule of law with the following AI-based principles:
The good administrative principle: The good administrative principle is the highest standard for administrative acts, while the principle of legality is the minimum requirement. Artificial intelligence technology provides the possibility for the realization of good administration. At present, a secure personalized database of citizens can easily be established on the basis of big data and block chain technology. Artificial intelligence can not only provide administrative services according to the individual data of the administrative relative, the AI-based personalized management can also allocate administrative resources timely and effectively.
The principle of efficiency and justice: Efficiency and justice in administrative decisions and actions can be considered as one of the main principles of the theory of administrative rule of law. Administrative subjects are individuals with differences in cognitive processes. The application of artificial intelligence will provide a relatively unified standard of reasoning and evaluation criteria for administrative decision-making, and greatly reduce the lack of unification caused by the subjective difference. Intellectual administrative system can collect information, consider relevant factors, ensure the accuracy of decision making, and improve the fairness of the decision of the administrative subject.
The principle of decentralization: The principle extends the scope of the ability of the administrative relative and the administrative subject, and introduces a modern government of less management, and yet better management. Moreover, the establishment of the decentralized principle provides individuals and smaller organizations with the priority of transaction processing, and the development of artificial intelligence ensures the technical means to support this right.
The principle of cooperation: Cooperation principle under artificial intelligence emphasizes democratic administration. In all aspects of administrative legislation, execution and judgment, there should be extensive participation of administrative relatives, interested people, experts and scholars.
Conclusions & Suggestions
In this paper, a new reconstruction of the theory of administrative rule of law based on the background of the era of artificial intelligence is proposed. It is shown that artificial intelligence technology will inevitably bring many characteristics, namely, AI-powered efficiency and justice, procedural doctrine adaptation and extended administrative supervision. The main result of the reconstruction of the theory of administrative rule of law is the intelligent realization of the important principles, namely, good administration (over the legal administration), efficiency and justice, decentralization, and cooperation.
Although the Civil Service Management Law explicitly states principles such as access to information and electronic information, equality, transparency, accountability, a quick review of our administrative rules and regulations indicates that the common approach in Iranian administrative law is based on the imitation and compliance with the pre-defined procedures. It is then necessary to reinterpret the theory of administrative rule of law and introduce new concepts and principles based on the artificial intelligence abilities into the heart of administrative law.
The current public administration portals are only basic efforts to address the administrative systems’ effectiveness, legal authorities’ cooperation and, most importantly, citizens’ access to “electronic justice” by using information and communication technologies (ICT). However, Achieving "AI-powered justice" requires automation and computerization of justice through the dematerialization of procedural documents, the introduction of new means of communication, the opportunities for blockchain-based secure storage, and artificial intelligence programs. In this regard, it is necessary to upgrade infrastructure, develop processing tools, and build strong data ecosystem for organizations to expand artificial intelligence technology.
[1]. Email: kiaee@shariaty.ac.ir
