Source: JD Supra

JD Supra provides an insightful update on the intersection of artificial intelligence and public law as of December 15, 2025. The article examines the rapid adoption of automated decision-making (ADM) systems by government agencies and the subsequent legal challenges regarding transparency and procedural fairness. It highlights that while these tools promise efficiency in handling large caseloads—such as in welfare distribution or immigration processing—they often operate as "black boxes," making it difficult for affected individuals to understand or contest decisions, which is a fundamental requirement of administrative justice.

The analysis further discusses recent judicial trends where courts are increasingly demanding higher standards of explainability for AI-driven administrative actions. It notes that public bodies are under pressure to prove that their systems do not entrench bias or rely on discriminatory data sets. The authors argue that existing public law principles, such as the duty to give reasons and the prohibition on fettering discretion, are being tested and reshaped by the unique characteristics of machine learning, necessitating a more robust framework for algorithmic accountability in the public sector.