The transformation of administrative justice and the role of Supreme Courts: artificial intelligence and other challenges

Gio, 05/12/2022 - 17:00 / 18:30

10, Via Parenzo

Speaker: Susana de la Sierra , University of Castilla-La Mancha

Abstract

Courts are a key element of the rule of law. Theories on the separation of powers propose various approaches to the relationship between the classical three powers, ranging from a strict separation of powers to a system of checks and balances, where some interaction exists. Judicial control of administrative action is linked to these debates and various models of such control have been designed in different countries taking account of different perspectives of the separation of powers and of the extent and the limits of judicial control of the administration. Over the decades administrative law has become more complex, it covers today areas it didn’t cover in the past, limits of judicial control have been slowly eased and courts – as in other branches of law – have an increasing workload difficult to deal with. This situation has led to what could be framed as “the transformation of administrative justice”, since its contours today are not exactly the ones that defined judicial review in the past. Against this framework, Supreme Courts have more than ever a leading role and it could be argued that their role in the classical conception of the separation of powers has evolved towards a role of mixed nature. The evolution of administrative law and of administrative justice has led to a reform of the administrative revision system (“recurso de casación”/“recours en cassation”) in Spain and the new system has been operating since 2016. Departing from the characteristics of the new Spanish revision system, more general arguments on the transformation of administrative justice will be brough to the debate. In this context, mainly to deal with the increasing workload of courts, benefits and challenges of artificial intelligence in administrative law and judicial review will also be discussed. This is a work in progress: some articles have already been published, but the discussion will be very valuable for future publications