ALGORITHMIC GOVERNANCE AND ARTICLE 14: CAN EQUALITY SURVIVE AUTOMATED DECISION MAKING?

Automated administration through the use of technology and algorithmic governance is increasing in significance and uses algorithms to automate administrative decision-making, replacing discretionary decision-making. The utility of technology to enhance the efficiency of administration raises questions about transparency, accountability, rule of law and equality. By removing discretion in decision-making and utilising a "black-box" model for administering justice, automated decision-making undermines principles of natural justice and due process. This paper explores whether or not the implementation of automated decision-making violates the constitutional guarantee of equality found in Article 14 and also argues to ensure that technological governance remains consistent with democratic values.