Година: 2023
Брой: 1
Автор/и: Nikolay Marin, Associate Professor
Заглавие: Algorithmic state as a new paradigm in contemporary constitutional and European law / 41



Nikolay Marin, Associate Professor and Dean of Faculty of Law and History, SWU Neofit Rilski”, Bulgaria



This chapter is devoted to the status of the Algorithmic State in the context of modern European and Constitutional law. The research provides a potential definition of the algorithmic state and to what extent its scope will be entangled in the framework of the contemporary entity and personality of state. Nowadays, the legal framework of the Algorithmic State is neither regulated as a complete concept in Constitutional nor in European law (TEU and the TFEU). Only certain areas consist algorithmic approach are legally regulated, while others are in the process of their initial regulation. It is in fact a legal phenomenon which presents a necessity of new paradigm concerning legal status of state in digital environment. The Algorithmic State is a complex concept that manifests its primary legal dimensions. Practically, the study gives a reasoned explanation that the Algorithmic State has a new type of functional characteristics that ensure its application. It builds the modern statehood by combining technological and legal components with established traditional political forms. The article also traces the discussions on amendments of the constitutions on national level and the readiness to develop a common legal framework regulating the legal aspects of the Algorithmic State. Legislators will be faced with a fait accompli. The Algorithmic State ideological status quo is facing a challenge. The author expresses a position that the Algorithmic State is in its early stage and shows flexibility and adaptability to be integrated as an element of modern state.

Keywords: algorithmic state, digitalisations of law and society, personal data, artificial intelligence, new paradigm of law, algorithm, algorithmic modelling, human rights.

Пълен текст - pdf: PDF document 5-Nikolay-Marin.pdf