THE ROLE OF HUMAN JUDGES IN SUPERVISING AND REVIEWING AI-GENERATED COURT DECISIONS
Ключевые слова:
artificial intelligence, judicial decision-making, human oversight, legal technology, algorithmic bias, judicial independence, court automation, legal ethics.Аннотация
As artificial intelligence (AI) systems increasingly support judicial decision-making processes, the role of human judges in supervising and reviewing AI-generated court decisions becomes crucial for maintaining the integrity and fairness of justice systems. This study examines the complex relationship between human judicial oversight and AI-assisted legal decision-making, analyzing both theoretical frameworks and practical implementations across various jurisdictions. Through a comprehensive review of current practices, legal frameworks, and empirical studies, we investigate how human judges can effectively supervise AI systems while preserving judicial independence and ensuring due process. The research reveals that while AI can enhance judicial efficiency and consistency, human judges play an indispensable role in reviewing algorithmic outputs, identifying potential biases, and maintaining the human element in justice administration. The findings suggest that a hybrid model combining AI capabilities with human judicial expertise offers the most promising approach for modern court systems, while highlighting the need for specialized training and clear oversight protocols for judges engaging with AI-generated decisions.
Библиографические ссылки
Ashley, K. D. (2019). Artificial Intelligence and Legal Analytics: New Tools for Law Practice in the Digital Age. Cambridge University Press.
Chen, N., & Eagel, J. (2021). Can machines learn law? The role of expert judgment in algorithmic decision-making. Journal of Institutional and Theoretical Economics, 177(1), 105-142.
Doshi-Velez, F., & Kortz, M. (2017). Accountability of AI under the law: The role of explanation. Harvard Public Law Working Paper No. 18-07.
European Commission for the Efficiency of Justice. (2023). European judicial systems – CEPEJ Evaluation Report. Council of Europe.
European Court of Human Rights. (2023). Annual Report 2022. Council of Europe.
Hildebrandt, M. (2020). Law for Computer Scientists and Other Folk. Oxford University Press.
International Association of Judges. (2022). Guidelines on Artificial Intelligence in Judicial Systems.
Katz, D. M., Coupette, C., Beckedorf, J., & Hartung, D. (2020). Complex societies and the growth of the law. Scientific Reports, 10(1), 1-14.
Martinez, R. (2022). Artificial Intelligence and Judicial Decision-Making: Enhancing Justice Through Technology. Stanford Law Review, 74(2), 237-298.
Pasquale, F. (2020). New Laws of Robotics: Defending Human Expertise in the Age of AI. Harvard University Press.
Reiling, D. (2020). Courts and Artificial Intelligence. International Journal for Court Administration, 11(2), 8-19.
Sourdin, T. (2018). Judge v Robot? Artificial Intelligence and Judicial Decision-Making. University of New South Wales Law Journal, 41(4), 1114-1133.
Sourdin, T., & Cornes, R. (2021). Do Judges Need to Be Human? The Implications of Technology for Responsive Judging. The Theory and Practice of Legislation, 9(1), 1-22.
Stevenson, M., & Wagoner, P. (2021). Algorithmic Social Engineering. Georgetown Law Journal, 109(1), 1-65.
Susskind, R. (2019). Online Courts and the Future of Justice. Oxford University Press.
Zeleznikow, J. (2017). Can Artificial Intelligence and Online Dispute Resolution enhance efficiency and effectiveness in Courts. International Journal for Court Administration, 8(2), 30-45.
