The Automated State and the Human Judge

Artificial intelligence (AI) is radically revolutionising our society. The shift to digital capital, by holding big data for governmental aims in Foucauldian terms, is realised with the rise of the algorithmic society. Weberian bureaucracy and Simon’s rationality are a thing of the past, replaced by the efficiency of machine learning.
Behind the complexity of black box lies a new age of Orwellian surveillance by states and privates owning AI technologies.While the lack of transparency breaks down any form of protection in a constitutional order, the Bentham’s panopticon is realised in all its power and violence.In such a legal realm rights are potentially threatened by a new capital of data.
In this scenario, the protection of persons remains the sole safeguard against the supremacy of the automated state, and the judge plays a decisive role in reviewing this new form of governmental power.
But what happens, as the ultimate frontier of AI, does the human judge become automated as well?