Ida KOIVISTO et Riikka KOULU, « Kuinka hyvä hallinto digitalisoidaan? Haaste oikeustieteelliselle tutkimukselle » [« How to Digitalise Good Administration? Challenge for Socio-Legal Scholarship »], (2020) Lakimies 798-821.
In this article, we examine automated decision-making—and, more broadly, the digitalization of public administration—particularly from the perspective of good governance. How do digitalization and automated decision-making adapt to the requirements of good governance? We argue that digitalization forces us to reassess both the general doctrines of administrative law and the self-understanding of legal science. For example, we must consider what happens when legal certainty and the implementation of the principles of administrative law become issues of legal and technical design.
It is clear that not all the problems related to digitalization that administrative law as a field encounters can be addressed in a single article. Alongside good governance, the principles of legality, legal protection, official accountability, and the principle of publicity, to name just a few, also require reconsideration. However, the purpose of this article is to demonstrate the scope of this reassessment: even the requirements related to good governance alone are quite complex, as we will show. Our goal is, above all, to outline the research areas related to the digitalization of (good) governance and, further, to identify multidisciplinary approaches that may help clarify these issues.
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