As artificial intelligence increasingly drives critical decisions across public administration, healthcare, finance, and law enforcement, the conventional regulatory emphasis on "human-in-the-loop" oversight proves inadequate for safeguarding fundamental rights. Building upon the seminal work of Citron, Kaminski, and Pasquale on algorithmic accountability and technological due process, this article advances a novel framework that adapts constitutional due process principles to govern AI systems.
Rather than perpetuating the false dichotomy between efficiency and human rights in AI regulation, this framework establishes procedural due process requirements for transparency, accountability, and appeals, while simultaneously defining substantive due process protections for basic human rights regardless of technological capabilities. This approach offers distinct advantages: it leverages established legal doctrine instead of requiring new regulation and legislation, provides clear standards for both technical implementation and rights protection, and maintains better adaptability as AI evolves.
The proposed framework demonstrates how procedural safeguards can effectively address transparency, data governance, and error mitigation, while substantive protections preserve democratic values and human dignity. This focus on constituional ‘due process’ provides a more robust and comprehensive basis for AI governance than current oversight requirements, while remaining flexible enough to accommodate technological advancement across different jurisdictions.
This analysis advances the discourse on AI regulation by transcending the artificial opposition between human and machine decision-making, focusing instead on systematic protections that scale with technological progress while preserving fundamental rights. The framework offers practical guidance for policymakers, courts, and developers in creating AI systems that honor both operational efficiency and human dignity.