Indiana Journal of Global Legal Studies Vol. 30 #1 (Winter 2023)
© Indiana University Maurer School of Law
65
Artificial Intelligence in Government: Risks
and Challenges of Algorithmic Governance in
the Administrative State
JOSÉ VIDA FERNÁNDEZ
*
ABSTRACT
This article analyzes the legal implications of using artificial
intelligence in government and how it is challenging the foundations of
the administrative state. It begins by demonstrating that a new model of
government is emerging, based on information and intelligence (i-Gov).
To understand the nature and scope of this new i-Gov model, this article
will explain what artificial intelligence really is and analyze the
applications that are currently being carried out in the US and the EU.
Next, it will review the regulatory framework that is emerging that
regulates government use of artificial intelligence in both the US and the
EU. Finally, the article concludes by identifying and analyzing the main
legal and policy problems involved in the use of artificial intelligence in
government. It challenges values, principles, and institutions of the
traditional administrative state and also requires us to think of new
frameworks for constitutional and administrative law to guarantee
citizens’ rights and public interest.
I. INTRODUCTION
Artificial intelligence (AI) is set to transform human life in all its
dimensions. Although this may sound somewhat exaggerated and
disturbing, it is a process that has already happened with other
disruptive technologies. That is the case with the development and
*Professor of Administrative Law, Public Law Department, Universidad Carlos III
de Madrid. This work is part of the research projects "Artificial intelligence in the national
health care system: solutions to specific legal problems" (PID2021-128621NB-I00) and
"The Impact of Artificial Intelligence in Public Services: A Legal Analysis of its Scope and
Consequences in Healthcare" (PGC2018-098243-B-I00) directed by José Vida Fernández
and founded by the Ministry of Science and Innovation of Spain
(MCIN/AEI/10.13039/501100011033/) and by "FEDER: A way of Making Europe."