نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
With the emergence of algorithmic governance and the penetration of biometric technologies into the administrative system, the traditional structure of sovereign authority and administrative decision‑making processes has undergone a fundamental transformation. The use of facial recognition systems, while enhancing efficiency, has structurally challenged classical public law principles such as the right to a fair trial and transparency.
The main problem addressed in this study is the “black box” nature of algorithmic decisions and the difficulty of judicial review over machine‑generated outputs, which in practice leads to a decline in the effectiveness of oversight institutions—particularly the Administrative Justice Court—in dealing with non‑human forms of regulatory action. Using a descriptive‑analytical method, this research examines the existing gap between the opaque logic of algorithms and the standards of administrative adjudication, and offers a re‑reading of public law principles within the digital context.
The findings indicate that, in order to safeguard democratic values and prevent the institutionalization of algorithmic discrimination, it is necessary to design a model of “accountable regulation.” In this regard, it is proposed that the Administrative Justice Court elevate its role from merely “reviewing decisions” to “reviewing systems,” and make use of novel instruments such as technical algorithmic expertise and periodic algorithm audits. This normative framework, while guaranteeing human oversight and the right to explanation, provides an appropriate basis for adapting traditional principles of public law to the emerging realities of digital governance.
کلیدواژهها English