DUE PROCESS IN THE ALGORITHMIC AGE: SAFEGUARDING FAIR TRIAL RIGHTS IN ETHICAL, CONSTITUTIONAL, AND GLOBAL DIMENSIONS

Abstract

The increasing deployment of algorithmic and artificial intelligence systems in judicial and administrative decision-making poses significant challenges to the classical understanding of due process and fair trial rights. This chapter critically examines the implications of algorithmic governance for procedural justice through an integrated ethical, constitutional, and international human rights lens. It argues that while algorithmic systems promise efficiency, consistency, and predictive capacity, they simultaneously introduce risks of opacity, bias, diminished human agency, and accountability gaps that threaten the moral and legal foundations of due process. Drawing on ethical theory, constitutional principles, and global human rights norms, the chapter demonstrates that due process remains a technology-neutral but value-intensive safeguard that must adapt to contemporary forms of power. The analysis advances the concept of due process by design, emphasizing the need to embed fairness, transparency, explainability, and human oversight into the lifecycle of algorithmic decision-making systems. Ultimately, the chapter contends that the legitimacy of algorithmic governance depends on reaffirming due process as a human-centric principle capable of constraining automated authority and preserving the integrity of justice in the digital age.