The Challenge in the Application of Artificial Intelligence (AI) To Constitutional Rights and the Judicial Process: Lessons from Germany, China, and the United States

บทคัดย่อ

Integrating artificial intelligence (AI) into the administration of justice has emerged as a transformative development, capable of significantly enhancing the efficiency of trial processes and improving judges’ performance. The resulting gains in procedural speed and workload management not only benefits judicial institutions but also fosters broader and timelier access to justice. Notable applications, such as the EU-funded Visual Analytics for Sense-making in Criminal Intelligence Analysis (VALCRI), Germany’s OLGA system (an artificial Intelligence assistant system of the regional higher court of Stuttgart), and China’s Smart Court system have demonstrated how AI can efficiently streamline case management, classify large volumes of data, and support decision-making processes. These exemplifications reinforce the view that AI holds considerable promise in reducing costs (time) and improving case handling within judicial systems worldwide.

          However, while the capabilities of AI in judicial reform are compelling, its employment necessitates careful consideration in light of constitutional principles and human rights obligations. The very efficiency AI introduces may turn into a risk, affecting legal value (order, justice, and freedom), particularly where it intersects with equality before the law, transparency in judicial reasoning, and the protection of personal privacy. These rights are not merely abstract concepts but are fundamental aspects of human existence, enshrined in each nation’s constitutions and international law as fundamental guarantees. Thus, the integration of AI must adhere to the rule of law, ensuring that these technological advancements do not undermine human dignity and justice.

          This article aims to explore the complex legal, ethical, and constitutional challenges posed by implementing AI into the judicial process. Employing comparative legal method and document-based analysis, it draws upon case studies from Germany, China, and the United States to assess whether AI can be harmoniously integrated without compromising constitutional rights. The findings highlight both the benefits, such as reduced staff burdens, enhanced access to justice, and the risks of algorithmic bias, opaque “black-box” decision-making, and a breach of privacy. And, while AI can support legal reasoning, adjudication must remain under the providence of humans. To this end, the article recommends legal safeguard mechanisms, transparency requirements, and a globally coordinated framework under the rule of law.