Selected Aspects of the Right to a Fair Trial and the Automation of Decision-making Cover Image

Vybrané aspekty práva na spravodlivý proces a automatizácia rozhodovania
Selected Aspects of the Right to a Fair Trial and the Automation of Decision-making

Author(s): Andrej Krištofík
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Philosophy of Law, EU-Legislation, Court case, Administrative Law
Published by: Masarykova univerzita nakladatelství
Keywords: Automation; Automated Decision Making; Right to a Fair Trial; Human Rights; Digital Justice; Robojudges

Summary/Abstract: With a continuous advance of technological development, we can observe their gradual introduction into the legal proceedings and court rooms where they fulfil different judge supporting roles. The extent to which this role can be expanded is not only technological, but legal question as well. The basic legal framework for any advances in judicial decision making is set mostly by the right to a fair trial. This right is then the primary focus of the work, analysing the impact of automation on the timeliness of proceedings, and access to a court. With the analysis of im- partiality and bias this work introduces technical aspects of these issues, following up with the analysis of the right to a public hearing and the remaining collection of fair trial rights. In the last category, the right to a reasoned judgement is to focal point. Jointly, these aspects represent the right to a fair trial and any form of technological advancement in this field must be compliant with it.

  • Issue Year: 12/2021
  • Issue No: 24
  • Page Range: 221-325
  • Page Count: 105
  • Language: Slovak