A new Momentum research group led by Boldizsár Szentgáli-Tóth will begin its operation in 2024 at the HUN-REN Centre for Social Sciences, examining the frameworks and limitations of algorithmic constitutionalism. The five-year project analyses the relationship between AI and fundamental rights.
The research defines algorithmic constitutionalism as a set of regulatory and policy efforts that aim to bridge the gap between current legal frameworks designed for humans and the emergence of non-human actors possessing more human characteristics than ever before. The programme examines AI's constitutional integration at three levels: creating normative rules, developing soft law documents, and advancing judicial interpretation tools. The project's hypothesis suggests that overly strict AI regulation may hinder technological innovation. Therefore, more flexible solutions, such as preferring legal interpretation, are justified in fundamental rights protection. The research examines this assumption through three case studies: 1) Analysis of AI-based software already functioning in the justice system (with special focus on Estonian, Brazilian, and Chinese models), 2) New challenges to freedom of expression in the era of deepfake technologies and disinformation, 3) Constitutional aspects of AI-based solutions for environmental protection and resource allocation.
The project's methodological innovation is adapting judicial review tests to AI's specific characteristics, considering five key features of AI: the machine learning process, the black box effect, limited operation, lack of flexibility, and the unique challenges of generative AI. The expected outcome of the research is the development of interpretative frameworks that create a balance between encouraging technological development and protecting fundamental rights while reflecting on the intensity of AI applications, their risks, and the necessary degree of human oversight.
Sources:
- "The perspectives and limits of algorithmic constitutionalism" - Research Plan for Momentum 2024 Grant
- Twenty-One Momentum Research Groups Launch in 2024
