Technological management and the rule of law

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Authors: Brownsword, R.

Journal: Law, Innovation and Technology

Volume: 8

Issue: 1

Pages: 100-140

eISSN: 1757-997X

ISSN: 1757-9961

DOI: 10.1080/17579961.2016.1161891

© 2016 Informa UK Limited, trading as Taylor & Francis Group. This article is a sequel to ‘In the Year 2061: From Law to Technological Management’. Its purpose is to consider whether, and if so how, the Rule of Law together with the Fullerian principles of legality might be applied to a regulatory environment that is technologically managed rather than rule-based. Four organising questions are posed, concerning: (i) the compatibility of the ‘instrumentalist’ nature of technological management with the Rule of Law; (ii) the way in which compliance with the Rule of Law might function as the test of whether the use of technological management involves an abuse of regulatory power; (iii) the applicability of the spirit of the Fullerian principles of legality to the use of measures of technological management; and (iv) the further conditions that a moral community might wish to specify (as part of the Rule of Law compact between regulators and regulatees) with regard to distinctively the use of technological management.

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