Artificial Intelligence and Public Law

Brendan McGurk KC (Monckton Chambers, UK), Joe Tomlinson (University of York, UK)

$280

Hardback

Forthcoming
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English

Hart Publishing
03 July 2025

Laws of Specific jurisdictions; Constitutional & administrative law; IT & Communications law

The Government's use of algorithmic-based decision-making is rapidly expanding across policy areas, including immigration, social security, regulation, security and policing. This book provides the first comprehensive analysis of how public law applies to the use of artificial intelligence and automation in the public sector in England and Wales.

Starting with an accessible account of the nature of AI and automated systems being increasingly deployed in the public sector, the book covers the various legal regimes which regulate their use. It considers how the principles of judicial review might be deployed to challenge automated decision-making by public authorities. It also explains how equality law, human rights law, procurement law, data protection law and private law apply to government use of AI and automation. This book is a vital guide for practitioners in both private practice and government, and for anyone navigating this quickly changing, complex and uncertain environment.

By: Brendan McGurk KC (Monckton Chambers UK), Joe Tomlinson (University of York, UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 244mm, Width: 169mm,
ISBN: 9781509966707
ISBN 10: 1509966706
Pages: 320
Publication Date: 03 July 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Forthcoming

Part A: Introduction 1. The Nature of AI Systems and Public Authority Use Cases Part B: The Regulation of AI 2. The Regulation of AI in the EU (And Beyond?) 3. The Regulation of AI in the UK Part C: Checks on Public Authority Use and Acquisition of AI Systems 4. Ex-Ante Mitigation and ‘Safety’ by Public Authorities 5. Procurement Law: Constraints on the Acquisition of AI systems Part D: Judicial Review 6. Judicial Review: Procedure and Evidence 7. Judicial Review: Grounds of Review Part E: Human Rights and Equality Law 8. Human Rights 9. Equality and Non-Discrimination Part F: Private Law Remedies 10. Private Law

Brendan McGurk KC is a Barrister with Monckton Chambers, UK. Joe Tomlinson is Professor of Public Law at the University of York, UK.