THE RULE OF LAW IN THE AI ERA. BETWEEN INNOVATION AND FRAGILITY
THE RULE OF LAW IN THE AI ERA. BETWEEN INNOVATION AND FRAGILITY

Summary/Abstract: The accelerated development of artificial intelligence (AI) is bringing about a profound transformation of the architecture of democratic governance and places the rule of law in a zone of structural tension between the imperative to enhance the efficiency of public action and the necessity of preserving constitutional guarantees. This article addresses this challenge through the “innovation-fragility” analytical framework, highlighting the ambivalent character of AI: on the one hand, its potential to strengthen administrative capacity, optimize the management of electoral processes, and enhance the effectiveness of public policies; on the other hand, the risk of intensifying the structural vulnerabilities of contemporary democracies. In the absence of robust regulatory and oversight mechanisms, the deployment of AI may affect fundamental principles of the rule of law, including legality, decision-making transparency, the separation and balance of powers, democratic oversight, and the effective protection of fundamental rights, particularly in contexts marked by institutional fragility, political instability, deficits of public trust, and low levels of civic participation. Grounded in the relevant scholarly literature, international reports assessing the rule of law, and recent developments in regulatory frameworks at the European and global levels, the analysis argues that the deterioration of the rule of law does not constitute an automatic consequence of technological progress. Rather, it emerges from the complex interaction between digital transformations and structural political dynamics, such as the rise of populism, governmental volatility, legislative unpredictability, the weakening of media pluralism, and the expansion of electoral abstention. Particular emphasis is placed on the use of AI in electoral processes, a domain in which functional benefits, such as increased administrative efficiency, anomaly detection, and the countering of disinformation, coexist with significant risks to the quality of democratic deliberation and to the substantive legitimacy of political competition. These risks are generated by algorithmic microtargeting, the automated production of persuasive content, and the opacity of mechanisms shaping the formation of electoral preferences. Safeguarding the rule of law in the era of artificial intelligence does not require restricting technological innovation, but rather strengthening the normative and institutional infrastructure of public accountability. This entails the establishment of rigorous requirements for algorithmic transparency and auditability, clear mechanisms for attributing responsibility for AI-assisted decisions, systematic assessments of impacts on fundamental rights, the reinforcement of democratic oversight, and ensuring effective access to legal remedies. Only under these conditions can artificial intelligence be integrated as an instrument for the modernization of democratic governance, without becoming a factor of fragilization of the normative foundations of the rule of law.

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