Automation, Legislative Production
and Modernization
of the Legislative Machine:
The New Frontiers
of Artificial Intelligence
Applied to Law and e-Democracy
Gianluigi FIORIGLIO
Sapienza Unviersità di Roma - Dipartimento di Scienze Politiche (Italy)
Abstract. Electronic democracy is still far from being realized and several issues
must be solved in order to make it possible. The quantitative problem of popu-
lar participation is one of them, but it can be mitigated through automation. This
Chapter proposes two main applications that may help building a multilevel digital
agora where demos, lawmakers, governments, and public administration may co-
operate. The first is related to the integration, in each platform used for this purpose,
of specific decision support systems. The second is inherent in the use of IT tools
that, integrated into a digital agora, allow to transform the multiplicity of individual
contributions into a general will.
Keywords. e-democracy, lawmaking, artificial intelligence, digital agora
1. Introduction
‘Electronic democracy’ (or e-democracy or digital democracy) may be studied from var-
ious viewpoints: law, sociology, computer science, philosophy, etc. However, there is no
unambiguous notion of e-democracy; moreover, sometimes technology is seen as harm-
ful for democracy and other times as a panacea for its problems. Thus, we can look at
e-democracy ranging from exciting utopias to frightening dystopias, but both extremes
are misleading. It is more useful to study e-democracy without forgetting that its core
is ‘democracy’, not ‘electronic’. Thus, a previous in-depth analysis of its foundations as
a democracy is needed to build upon a theoretical model of e-democracy. On the ba-
sis of such brief and preliminary observation, it may appear clear the perspective from
which e-democracy is seen here, taking into account a model in which the technological
component is secondary to the theoretical and conceptual ones.
Hence it could be defined as a new form of representative democracy in which tools
of direct, deliberative, and participatory democracy are institutionalized; they can allow
the exercise of popular sovereignty with advisory and legislative powers as appropriated.
Knowledge of the Law in the Big Data Age
G. Peruginelli and S. Faro (Eds.)
© 2019 The authors and IOS Press.
This article is published online with Open Access by IOS Press and distributed under the terms
of the Creative Commons Attribution Non-Commercial License 4.0 (CC BY-NC 4.0).
doi:10.3233/FAIA190007
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