Judicial review evidence in the era of the digital state

Tomlinson, Joe and Sheridan, Katy and Harkens, Adam (2020) Judicial review evidence in the era of the digital state. Public Law, October 2 (4). pp. 740-760. ISSN 0033-3565 (https://doi.org/10.2139/ssrn.3615312)

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Abstract

Automated decision-making (ADM) in the public sector creates a wide range of issues that require public law analysis. A precondition of such analysis is the existential question of whether mechanisms for enforcing public law norms will continue to be effective in the era of the digital state. This article considers one institutional manifestation of that fundamental question: how public law errors in ADM systems are evidenced in judicial review proceedings. Our analysis of the nature of proving error in ADM systems reveals that this emergent mode of administration will likely have a range of impacts on contemporary judicial review evidence practices—we identify seven potential effects. This exploration also exposes how current scholarship is operating on a deficient account of the role of evidence in public law adjudication. In this sense, our thesis reveals how advancements in digital government expose the frailties and limitations of our existing understanding of public law.

  • Item type:Article
    ID code:85078
    Dates:
    Date
    Event
    1 September 2020
    Published
    15 April 2020
    Accepted
    Notes:Tomlinson, J., Harkens, A., & Sheridan, K. (2020). Judicial Review Evidence in the Era of the Digital State. Public Law, 2020(Oct), 740-760.
    Subjects:Law
    Social Sciences
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:06 Apr 2023 08:11
    Last modified:02 May 2024 01:15
    URI:https://strathprints.strath.ac.uk/id/eprint/85078
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