Reimagining Constitutionalism in the Age of Artificial Intelligence: A Comparative Study of India, the European Union, and the United States

  • Unique Paper ID: 187866
  • Volume: 12
  • Issue: 6
  • PageNo: 6627-6638
  • Abstract:
  • The advent of Artificial Intelligence is driving a transformative era in constitutional thought and governance. Traditional doctrines of constitutionalism-founded on human rationality, deliberation, and accountability-find themselves increasingly strained by the rise of algorithmic decision-making and digital governance. AI's autonomous decisions raise questions of validity regarding rule of law, equality, and separation of powers, as responsibilities for administration are transferred to non-human agents operating under opaque logic. This paper explores the manner in which constitutional schemes in India, the European Union, and the United States will adapt to this new paradigm. By undertaking a comparative constitutional analysis, the research examines how these jurisdictions regulate AI governance, secure fundamental rights, and ensure principles of transparency and accountability. How far and to what extent, if at all, would the nascent, rights-based, and judicially driven constitutional model of India, the sophisticated, regulatory model of digital constitutionalism in the EU rooted in human dignity and proportionality, and the innovation-oriented, market-driven model of the US, premised on the idea of technological freedom over state intervention, be adequate or relevant? The study conducts an argument that an evolved model of digital constitutionalism has to reimagine constitutional values-transparency, accountability, and human oversight-within algorithmic governance to assure democratic legitimacy and protection of fundamental rights in the times of AI.

Copyright & License

Copyright © 2025 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{187866,
        author = {ASHITA},
        title = {Reimagining Constitutionalism in the Age of Artificial Intelligence: A Comparative Study of India, the European Union, and the United States},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {6},
        pages = {6627-6638},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=187866},
        abstract = {The advent of Artificial Intelligence is driving a transformative era in constitutional thought and governance. Traditional doctrines of constitutionalism-founded on human rationality, deliberation, and accountability-find themselves increasingly strained by the rise of algorithmic decision-making and digital governance. AI's autonomous decisions raise questions of validity regarding rule of law, equality, and separation of powers, as responsibilities for administration are transferred to non-human agents operating under opaque logic. This paper explores the manner in which constitutional schemes in India, the European Union, and the United States will adapt to this new paradigm. By undertaking a comparative constitutional analysis, the research examines how these jurisdictions regulate AI governance, secure fundamental rights, and ensure principles of transparency and accountability. How far and to what extent, if at all, would the nascent, rights-based, and judicially driven constitutional model of India, the sophisticated, regulatory model of digital constitutionalism in the EU rooted in human dignity and proportionality, and the innovation-oriented, market-driven model of the US, premised on the idea of technological freedom over state intervention, be adequate or relevant? The study conducts an argument that an evolved model of digital constitutionalism has to reimagine constitutional values-transparency, accountability, and human oversight-within algorithmic governance to assure democratic legitimacy and protection of fundamental rights in the times of AI.},
        keywords = {Digital Constitutionalism, Algorithmic Governance, Artificial Intelligence Regulation, Algorithmic Bias, Data Protection and Privacy, Automated Decision-Making, Digital Rights, Ethics of AI Governance, Algorithmic Opacity, Digital Surveillance, Global AI Governance.},
        month = {November},
        }

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