Open Access Research Article
AN EXAMINATION OF EXPLAINABILITY AND DUE PROCESS CONCERNS IN THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL AND ADMINISTRATIVE DECISION MAKING
Abstract
Abstract
The expanding use of artificial
intelligence in judicial and administrative decision making has introduced a
set of due process questions that existing constitutional doctrine was not
designed to answer. Courts and agencies increasingly rely on automated risk
assessment instruments, eligibility algorithms, and predictive tools to inform
decisions that affect liberty, property, and access to public benefits, yet the
internal logic of these systems is frequently inaccessible to the very people
whose interests are at stake. This article examines the tension between the
opacity of many artificial intelligence systems and the procedural guarantees
of notice, an opportunity to be heard, and a reasoned explanation that due
process is understood to require. Drawing on the doctrinal framework
established in Mathews v. Eldridge and its progeny, the article traces how
American courts, most notably the Wisconsin Supreme Court in State v. Loomis,
have responded to algorithmic decision making with caution rather than clear
constraint, leaving important explainability questions unresolved. It then
situates the American experience within a comparative frame by examining the
transparency and human oversight obligations imposed by the European Union
under the Artificial Intelligence Act and the General Data Protection
Regulation. The article argues that a coherent framework for explainable and
accountable automated decision making requires three complementary elements: a
baseline right to a meaningful explanation calibrated to the significance of
the interest at stake, structural obligations on system developers to build
interpretability into design rather than treat it as an afterthought, and
independent auditing mechanisms capable of verifying that automated tools
perform as claimed. The article concludes that without such a framework, the
promise of efficiency that artificial intelligence offers to courts and
agencies risks being purchased at the expense of the very legitimacy that
procedural fairness is meant to secure.
Published Paper
Author Details
Authors: OGHENEHORO EVI ENI
Registration ID: 1013234 | Published Paper ID: IJLRA13234
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1744-1761
Article Information
AN EXAMINATION OF EXPLAINABILITY AND DUE PROCESS CONCERNS IN THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL AND ADMINISTRATIVE DECISION MAKING
Authors: OGHENEHORO EVI ENI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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