The impact of new technologies on democracy: new human rights and the reinterpretation of separation of powers

The rapid development of IT technology has made it imperative that a constitutional and international dimension be imparted to the right which stipulates that no legislative, executive and judicial prerogatives may be ceded to software or AI contraptions and that key state-level decisions must be made by humans according to the new maxim „habeas potestatem humanam”. The right to personal inviolability needs to be reinterpreted. Given the potential threat of interference in a person’s mind without that person’s consent, it is imperative that constitutions and international law proclaim the principle of “habeas mentem”. But if artificial intelligence were to make decisions, then it should be properly equipped with value-based criteria. Those establishing the criteria for autonomous choices to be made by neural networks and algorithms will wield a new kind of power – the power to impact the awareness of good and evil. Lest such power breed a new totalitarianism, it needs legitimisation, compliance with human rights, transparency, control and countervailing.