The Parameters and Guidelines for Using Artificial Intelligence in Constitutional Justice: An Analytical Study in Light of the Principle of Judicial Independence

Abstract

This research examines the legality and capacity of Artificial Intelligence to grasp the particularity of constitutional litigation as a sovereign jurisdiction aimed at safeguarding the state’s entity and constitutional values. This nature transcends the limits of formal algorithmic logic, which fails to perceive the philosophical and social balances inherent in human judicial conscience. The study reveals the inability of smart technologies to substitute the constitutional judge in the processes of legal characterization and reasoning, necessitating the restriction of their role to a "supportive and descriptive" function for judicial precedents and texts under full human supervision. Consequently, it is imperative to formulate a legal framework that prevents algorithms from monopolizing the adjudication process or undermining judicial independence. Such a framework must mandate the disclosure of any utilized AI tools to guarantee the right of defense and to immunize judicial decisions against nullity resulting from the absence of logical and sovereign interpretation of supreme constitutional principles.