Writing Artificial Intelligence into Constitutions: The Algorithmic State Era

With the increasing use of artificial intelligence in state decisions and public administration, constitutional amendment debates and initiatives in countries such as Chile, Brazil, Greece, and Hungary are creating a global constitutional movement.

The use of artificial intelligence technologies as decision-support systems in areas such as welfare, law enforcement, immigration, and taxation is on the agenda of constitutional jurists. While many countries from Santiago to Athens are discussing incorporating this issue into their constitutions, experts note that general rights guarantees already mostly exist.

Alongside international steps such as the Council of Europe's binding first international artificial intelligence treaty, neurorights in Chile and data protection were secured via a constitutional amendment in Brazil. Meanwhile, new legislative proposals concerning artificial intelligence have come to the agenda in Greece, Mexico, and the U.S. state of Minnesota, and courts in the Netherlands and France have rendered decisions adapting older guarantees to new technologies.