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Legal Legitimacy of Algorithmic Decisions in Digital Governments: A Comparative Study with a Focus on the Iranian Legal Experience
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Mohammadghaswm Tangestani *   , Mahdi MoradiBerelian |
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Abstract: (22 Views) |
| In recent decades, many governments have increasingly relied on data-driven technologies and artificial-intelligence systems to digitalize administrative processes and support public decision-making. Although this technological transformation has been welcomed for improving efficiency, speed, and service quality, it has also raised fundamental questions about the legal legitimacy of decisions made through algorithmic reasoning. In the absence of full transparency and meaningful human oversight, how can such decisions be regarded as legally valid and compatible with the principles of human dignity? This study, grounded in public-law analysis, focuses on three foundational components of legitimacy transparency, human review and accountability, and respect for human dignity to explore the relationship between legitimacy and data-driven administrative decisions within the digital state. Through a comparative examination of France, Germany, and the European Union, the article argues that the legitimacy of algorithmic decision-making does not stem from the technology itself but from the regulatory and institutional frameworks ensuring transparency and accountability.In its final section, the article analyzes the Iranian legal system during its transition from an electronic government to a data-driven government, identifying key normative and institutional gaps and proposing a set of legislative, institutional, and cultural measures to ensure the legitimacy of intelligent administrative decisions within the framework of Iranian public law |
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| Keywords: Legal legitimacy, algorithmic decisions, digital government, transparency, oversight, human dignity, artificial intelligence |
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Type of Study: Research |
Subject:
Special
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