Due process can be understood as a norm of fundamental law and a positive provision intended to preserve legal certainty; it can also be seen as a jurisdictional institution aimed at configuring procedural guarantees within a judicial action. But its relationship with artificial intelligence takes on a special meaning in the modern constitutional states, in the guarantee constitutions, and in the so-called constitutions of principles, all of these of great influence and gestation in the Euro-pean constitutionalism of the second post-war period, and which have poured their reception in Latin American legal systems and therefore in its fundamental normative bodies. In this paper we will precisely develop the hermeneutic-procedural impact on the administration of justice, of the relationship and connection between due process and artificial intelligence, a topic that will be addressed in the key of theory and philosophy of law. In particular, we will respond specifically to three points of our presentation: (i). What is artificial intelligence ap-plied to law? Theoretical and conceptual perspectives for a new exper-imental practical reason. (ii). Judges and the administration of justice mediated by AI: new meta-normative systems and their judicial her-meneutics. and (iii). Algorithmic jurisprudence: The artificial judicial decision and its procedural impact on the administration of justice.
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Soto et al. (2024) studied this question.