Judicial Automation: Balancing Rights Protection and Capacity-Building

Abstract

This entry explores the global rise of judicial automation and its implications through two dominant frameworks: rights protection and capacity-building. The rights protection framework aims to safeguard individual rights against opaque judicial automation by advocating for the use of explainable and contestable AI tools in courts. In contrast, the capacity-building framework prioritises judicial efficiency and consistency by automating court proceedings. Although these frameworks offer contrasting approaches, they are not mutually exclusive. A balance needs to be struck, where judicial automation enhances judicial capacities while maintaining transparency and accountability.

individual rights, judicial automation, judicial capacity, right to explanation

Bibtex

Online publication{nokey, title = {Judicial Automation: Balancing Rights Protection and Capacity-Building}, author = {Qiao, C. and Metikoš, L.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5125645}, year = {2025}, date = {2025-02-11}, abstract = {This entry explores the global rise of judicial automation and its implications through two dominant frameworks: rights protection and capacity-building. The rights protection framework aims to safeguard individual rights against opaque judicial automation by advocating for the use of explainable and contestable AI tools in courts. In contrast, the capacity-building framework prioritises judicial efficiency and consistency by automating court proceedings. Although these frameworks offer contrasting approaches, they are not mutually exclusive. A balance needs to be struck, where judicial automation enhances judicial capacities while maintaining transparency and accountability.}, keywords = {individual rights, judicial automation, judicial capacity, right to explanation}, }