Artificial Intelligence and Constitutionalism (The Challenges in Law)

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Description
In the quiet hum of a bustling café, a young lawyer sat engrossed in a conversation about an Al-driven algorithm that had just been implemented in her city's judi- cial system. "It's like we've handed the gavel to a machine," she mused, a blend of intrigue and apprehension in her voice. As the renowned futurist Ray Kurzweil once said, "Our technology,must our machines are learning how to think and how to make decisions." This poignant moment encapsulates the essence of our times: as artificial intelligence (AI) begins to permeate the very foundations of law and governance; we t grapple with its profound implications for constitutionalism. This book invites explore the complex interplay between these evolving technologies and the enduring principles of justice, accountability, and human rights that lie at the core of our democratic systems.
In a world increasingly shaped by technological innovation, the emergence of Al poses significant questions for legal systems and constitutional frameworks. This edited volume, Artificial Intelligence and Constitutionalism: The Challenges in Law, seeks to address the multifaceted implications of AI within the realm of constitutionalism, particularly focusing on the challenges it presents to the rule of law, human rights, and democratic governance. The significance of this issue has never been more pronounced. As AI technologies permeate various aspects of daily life-from facial recognition systems and predictive policing to automated decision making in welfare programs the need for a robust legal response becomes critical. The integration of AI raises profound questions about accountability, transpar- and fairness. It challenges existing legal norms and demands a revaluation of foundational constitutional principles such as equality, non-discrimination and the right to privacy. In the first segment of this book, contributors explore a range of topics that illuminate the intricate relationship between AI and constitutional law. Chapters delve into the implications of AI on civil liberties, examining how these technologies can both enhance and undermine rights guaranteed by constitutions. Discussions also focus on the potential for AI to exacerbate existing social inequali- ties, raising urgent concerns about algorithmic bias and the discriminatory impacts of automated systems.
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Contents
Part A - Interplay of AI and Constitutionalism
1. Due Process in AI - Driven Legal Proceedings: Challenges and Way Ahead
2. Ethics, Artificial Intelligence, and Criminal Liability
3. Chatty Bots and Generative AI: Freedom of Expression and Information in the Epoch of Mis/Dis-Information
4. Seeing is not Believing : Fake Content, Real Fallout, and Legal Barriers to Stopping Deepfake Proliferation
5. From Rex non - potest Peccare to the Modern Welfare State : Examing the State's Liability in the Age of AI in Indian Law Enforcement
6. Autonomous Weapons Systems : Artificial Intelligence and Justice
7. AI in International Humanitarian Law : Distinction and Accountabillity
8. The Intersection of Artificial Intelligence, Algorithmic Bias, and Human Rights : Ensuring Accountability and Fairness in AI Systems
Part B - AI : Critical Legal Concerns
1. Ethical AI in Tax Law
2. The Interaction between Artificial Intelligence and International Investment Law
3. Personhood and Artificial Intelligence : A Dream come False?
4. Attributing Criminal Liability to Non-Biological Entities
5. Transforming Alternative Dispute Resolution with Artificial Intelligence
6. Un-masking Facial Recongnition Technology : Constitutionality and Impact on Vulnerable Groups
7. Copyright Protection and AI - Generated Works in Indian Law : Who Owns what?
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Author Details
Prof. Dr. Shruti Bedi is Professor and Director at the University Institute of Legal Studies (UILS), Panjab University (PU), India; International Fellow at the National Institute of Military Justice, Washington DC, USA; Visiting Professor at the Faculty of Law, Universitas Airlangga, Surabaya, Indonesia; Member, Executive Council, India International University of Legal Education and Research (IIULER), Goa; Director, Centre for Constitution and Public Policy, UILS, PU; and a TEDx speaker. Her areas of research include constitutional law, counter-terrorism law, and comparative public law. She has authored two books: Terrorism: Our World and Our Laws (2009) and Indian Counter Terrorism Law (2016), and has co-edited five books: Arrest and Detention in India: Law, Procedure and Practice (Sage Publishing, 2022); Judicial Review: Process, Powers and Problems (Cambridge University Press, 2020); Taking Bail Seriously: State of Bail Jurisprudence in India (Lexis Nexis, 2020); Law and Media (2019); and Electoral System: Democracy, Laws and Issues (2019). She has pub- lished 85 articles in international and national journals, books, etc. She has lectured and interacted with faculty at universities in England, Canada, the USA, Brazil, Indonesia, Australia, Japan, and Vietnam. She has been recognised with the award "The Phenomenal She, 2022" by the Indian National Bar Association, New Delhi. Her achievements have also been recognised by the British Deputy High Commission, Chandigarh, Ms. Caroline Rowett.