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April 23, 20260 citationsOpen Access

Delegating Administrative Adjudication to AI

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JSJubaer Shah

Key Points

  • This research examines the legitimacy of using AI for administrative adjudication in democratic settings.
  • Analyzed U.S. and comparative legal frameworks
  • Evaluated implications of the non-delegation doctrine
  • Assessed challenges related to transparency and due process in AI governance.
  • Identified potential risks to democratic accountability through AI delegation
  • Proposed policy recommendations to enhance transparency and due process
  • Explored legal standards like the intelligible principle to guide AI use in governance.

Abstract

Advancements in artificial intelligence (AI) and algorithmic decision-making are reshaping the administrative state. Self-learning AI systems are increasingly performing functions traditionally undertaken by human bureaucrats, prompting constitutional scrutiny under the non-delegation doctrine, which limits the legislature from transferring excessive policymaking authority to non-legislative actors. This paper investigates whether democratic states can legitimately delegate administrative adjudication to AI, drawing on U.S. and comparative jurisprudence, the "intelligible principle" standard, and the challenges to transparency, accountability, and due process posed by algorithmic governance. Policy recommendations for safeguarding democratic legitimacy in AI-assisted bureaucracies are proposed.

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Cite This Study

Jubaer Shah (2026) studied this question.

synapsesocial.com/papers/69e9b95b85696592c86ec1d4https://doi.org/10.5281/zenodo.19687199
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