Towards an “Algorithm Constitutional by Design”

Giovanna De Minico

Abstract


We focus on the Internet constitutional rules linked with the algorithmic decision-making. The reasoning is structured upon two related topics. Firstly, the regulatory model well tailored to the Internet: hard or soft law. Secondly, the constitutional legitimacy arising from each model: at the national and European levels. The algorithms are assumed as test for the resistance or not of the binomial category: fundamental rights/public power. They pose the challenge to design new reasonable paradigms able to take into account the visibility and the intelligibility of algorithms. The Author leaves us with a basic question: a rule suited to draw an “algorithm Constitutional by design”.

Keywords


Internet; algorithm; Constitution; European Union; regulation

Full Text:

PDF


DOI: http://dx.doi.org/10.15168/2284-4503-757

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 3.0 License.

ISSN 2284-4503

Editor University of Trento

Registered by the Tribunal of Trento (act n. 6 11 April 2014)

Cookie Policy