Technology, Trust and the Judicial Role

The courts have not been an exception to the trend of increasing technologization of the public sector and have for a number of years invested in digital uplift projects. Beyond the routine use of technology, many jurisdictions are considering the introduction of more sophisticated applications to automate elements of, or even entirely replace, humans in judicial decision-making processes. Many are asking whether machine learning and other AI applications should assists judiciary in decision-making, and how that might correspondingly transform the role of judges. In this paper, we ask how new uses of technology might, impact judicial values and judges’ own sense of themselves, and even transform the judicial role in contemporary societies. We do this through a focused examination of core judicial values, namely transparency and accountability, independence, impartiality, diversity, and efficiency; and how they may be either supported or undermined by increasing technologization.