From Bureaucracy to Black Box: Revolutionizing Natural Justice and Due Process in Administrative Law

Junaid Sattar Butt — Fri, 20 Dec 2024 00:00:00 +0000

Natural justice, rooted in English common law, embodies fairness in procedural justice and is foundational to Administrative law (Aslam, 2020). The growing use of Artificial Intelligence (AI) (Rosenberg, 2023) in administrative decision-making raises serious concerns about upholding fundamental legal principles like Natural Justice, derived from the Latin word “jus natural,” and is not codified, it is closely tied to common law (Mirani, 2022) and Due Process of law, first appeared as a substitute for Magna Carta’s “the law of the land” in a 1354 (Library of Congress, 2014) statute of King Edward III .Often described as “black boxes,” AI systems lack transparency, creating risks for fairness and accountability in decisions may impacting individuals’ rights. This study explores how AI-powered administrative systems can be designed to uphold these principles, ensuring just outcomes and legal transparency. The research critically examines the intersection of AI technology and administrative law, focusing on the opacity of AI’s decision-making processes. The goal is to identify strategies that ensure AI systems in administrative contexts not only align with Natural Justice (right to fair hearings and impartiality) and Due Process (right to a fair procedure) but also maintain public trust in the legal system. Using a qualitative research approach, the study employs doctrinal legal analysis and case studies to review AI frameworks in areas such as departmental inquiries and appeal in departmental inquiries. The analysis compares AI implementations across various jurisdictions, identifying gaps in transparency and accountability. Key findings indicate that without explainability, oversight, and human intervention, AI systems may breach legal principles. The study suggests solutions like Explainable AI (XAI), human-in-the-loop systems, and robust accountability frameworks to align AI with legal safeguards. While AI offers efficiency in administrative decision-making, adherence to fairness and justice principles is critical. The research supports a balanced approach where AI complements, rather than replaces, human decision-making, preserving Natural Justice and Due Process in an automated legal landscape.

Acta Universitatis Danubius. Administratio

From Bureaucracy to Black Box: Revolutionizing Natural Justice and Due Process in Administrative Law