E-regulation and the rule of law: smart government, institutional information infrastructures, and fundamental values
MetadataShow full item record
This item's downloads: 199 (view details)
Kennedy, R (2016) 'E-regulation and the rule of law: Smart government, institutional information infrastructures, and fundamental values'. Information Polity, 21 (1):77-98.
Information and communications technology (ICT) is increasingly used in bureaucratic and regulatory processes. With the development of the Internet of Things , some researchers speak enthusiastically of the birth of the Smart State . However, there are few theoretical or critical perspectives on the role of ICT in these routine decision-making processes and the mundane work of government regulation of economic and social activity. This article therefore makes an important contribution by putting forward a theoretical perspective on smartness in government and developing a values-based framework for the use of ICT as a tool in the internal machinery of government. It critically reviews the protection of the rule of law in digitized government. As an addition to work on e-government, a new field of study, e-regulation is proposed, defined, and critiqued, with particular attention to the difficulties raised by the use of models and simulation. The increasing development of e-regulation could compromise fundamental values by embedding biases, software errors, and mistaken assumptions deeply into government procedures. The article therefore discusses the connections between the Internet of Things , the development of Ambient Law , and how the use of ICT in e-regulation can be a support for or an impediment to the operation of the rule of law. It concludes that e-government research should give more attention to the processes of regulation, and that law should be a more central discipline for those engaged in this activity.
This item is available under the Attribution-NonCommercial-NoDerivs 3.0 Ireland. No item may be reproduced for commercial purposes. Please refer to the publisher's URL where this is made available, or to notes contained in the item itself. Other terms may apply.
The following license files are associated with this item: