Fundamental Rights and the Rule of Law in the Algorithmic Society

This introductory chapter opens the book’s part on ‘Fundamental rights and rule of law in the Algorithmic society.’ By recalling the old prophecy of Herbert Marcuse, in the first and second sections, we outline pitfalls of the prevailing dominance of algorithmic decision-making on the pillars of Constitutional law. In the third section, we analyse how the fast-growing use of algorithms in the fields of justice, policing, public welfare, etc., could end in biased and erroneous decisions, boosting inequality, discrimination, unfair consequences, and undermining constitutional rights, such as privacy, freedom of expression, and equality. The final section is devoted to draw the roadmap of the entire book’s part, which covers chapters on ‘due process,’ ‘emotional Artificial Intelligence,’ ‘algorithmic administration,’ and ‘predictive policing.’