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36 Supremo Amicus [i] (2024)

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SUPREMO AMICUS


VOLUME 36 1 December, 2024


ISSN   2456-9704


      JUDICIAL REVIEW AND DIGITAL
   TRANSFORMATION: ENSURING LEGAL
            ACCOUNTABILITY IN A
         HYPERCONNECTED WORLD

By Aswathy  Ashok
LLM   Student, Amity Law  School, Amity University,
Bengaluru.

By Dr. Shobha  Yadav
Assistant  Professor, Amity   Law  School,  Amity
University Bengaluru

ABSTRACT
The  advent of digital transformation has profoundly
influenced   governance,   decision-making,   and
regulatory   frameworks    worldwide.    In   this
hyperconnected   era, judicial review  remains  a
cornerstone of legal accountability and democratic
oversight. This article explores the evolving role of
judicial review in addressing challenges posed by
digital technologies, such as artificial intelligence
(AI), big data, and blockchain. It emphasizes the need
for updated legal principles to protect constitutional
rights, ensure fairness, and maintain transparency in
algorithmic decision-making  and  governance.  By
examining  scope, challenges and recommendations
the paper advocates for an adaptive judiciary capable
of upholding justice in a rapidly digitizing world.

This   research   explores   the   necessity  and
implementation of digitalization in the judicial review
process of the Constitutional Court. Integrating digital
technology   into the  judiciary  has  profoundly
transformed the administration of justice, reshaped
traditional judicial practices and ushered in a new era
of the rule of law. Through a comprehensive analysis
of  scholarly literature, case studies, and empirical
data, the research paper delves into the multifaceted
dimensions  of  digitalization within the realm of
judicial review.




1 Federica  Carugati, Randall Calvert &  Barry R.
Weingast, Judicial Review by the People Themselves:


By critically evaluating the effects of digitalization on
judicial review, this research contributes to a deeper
understanding  of the  transformative potential of
technology in shaping the future of the rule of law. In
an era where the rule of law is evolving with societal
needs, digitalization has become an essential part of
the judicial system, warranting an analysis of its new
horizons in judicial review.

KEY WORDS: Judicial Review, Digitalization,
Legal Reforms, Law, Technology

1.  INTRODUCTION

India is evolving in recent years in every field, and the
digital technologies are  integrated into Judicial
Review.  This convergence  of law  and technology
marks  the dawn of a new  era in legal frameworks,
where    the   interplay  between    technological
advancements  and judicial processes both enhances
and  challenges traditional legal norms. As digital
technologies  such as  artificial intelligence (AI),
blockchain, and big data continue to evolve, their
influence   extends   beyond    mere    procedural
efficiencies, touching on critical issues like access to
justice, privacy, algorithmic bias, and the broader
implications for democratic governance.

Judicial review, traditionally a cornerstone of legal
accountability, faces significant challenges in this
digital transformation. Courts  are  tasked  with
maintaining their role as arbiters of justice while
adapting to the demands of a digitized society. This
shift requires a delicate balance between embracing
technological  innovations  that promise   greater
efficiency  and  transparency,  and   safeguarding
fundamental rights that underpin democratic societies.
While digitalization fosters enhanced access to justice
through streamlined case management, online dispute
resolution systems, and digital evidence presentation,
it also raises concerns related to digital divides,
exclusionary  practices, and  potential biases  in
algorithmic decision-making'. The rise of predictive


Democracy   and the Rule of Law in Ancient Athens,
39 The    Journal   of  Law,    Economics,    and


www.supremoamicus.org


PIF   6.242