TL;DR
The argument reads Aadhaar not as an outlier but as an early instance of an architectural form toward which algorithmic governance is converging, and articulates the Constitutive Obligation Principle.
The core claim is that algorithms cannot cancel the need for institutional anchors that hold accountability in place, adjudicate value disputes, and sustain civic participation.
It is argued that public uses of AI should not be evaluated primarily through technical efficiency, ethical compliance, or procedural safeguards, but through democratic legitimacy, and that societies retain the democratic authority to shape, question, supervise, correct, and, when necessary, reject their use.
While artificial intelligence (AI) offers promise as a tool for efficiency and access to justice, in public administration it also threatens to reproduce the perversity in Franz Kafka’s parable “Before the Law”: systems that mimic legality while rendering the law opaque and unreachable. I develop the concept of “Digi...
This Policy and Practice Review concludes that AI-enabled administration remains legitimate only where public authorities retain the capacity to understand, justify, correct, suspend and democratically control the systems they use.
Germany’s KI-MIG is examined as one of the first comprehensive national enforcement frameworks for the AI Act and as a test case for the claim that institutional design is itself an ethical variable, and transferable design principles are concluded with transferable design principles for jurisdictions that are now buil...
The article develops a four-dimensional framework comprising technological infrastructure, institutional delegation, legal-regulatory structuring, and platform power, and identifies four mechanisms through which authority is formed: efficiency legitimation, risk categorization, responsibility diffusion, and institution...
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