Human Dignity, the Right to be Heard, and Algorithmic Judges

Abstract

Abstract This article examines the requirements of the right to a fair trial in the context of the use of machine-learning algorithms (MLAs) in judicial proceedings, with a focus on a core component of this right, the right to be heard. Though NGOs and scholars have begun to note that the right to a fair trial may be the best framework to address the challenges raised by MLAs, the actual requirements of the right in this novel context are underdeveloped. This article evaluates two normative approaches to filling this gap. The first approach, the argument from fairness, produces three broad categories of measures for ensuring fairness: measures for increasing the transparency a..