Blog: “Constitutional Resilience in the algorithmic administrative state”
“From the rule of law to the rule of code and back”
Jurgen Goossens wrote a blog contribution for Digi-Con, a platform that provides a space for discussions about rising constitutional issues related to the digitalisation of society. Digital transformations, such as automated decision-making, the rise of data-driven products and services and distributed ledger technologies, have grown ever more integrated in society, economy and public administrations. These transformations bring about digital challenges and treats. Constitutional resilience refers to the capacity of the constitutional order to cope with various transformations and threats, while preserving the core functions and values of democracy and the rule of law. In his blog, Jurgen Goossens explores the concept of ‘constitutional resilience’, particularly in regards to the interaction between ‘the rule of law’ and ‘the rule of code’. Jurgen Goossens advocates for further exploration of how to regulate and operationalize to go back and forth between the rule of law and the rule of code, particularly in the case of automated decision-making in the algorithmic administrative state.