Algorithmic Constitutionalism: Embedding Human Rights and Rule of Law Values into AI Governance Frameworks

Abstract

Artificial intelligence (AI) has become a constitutional actor, influencing decisionmaking in law enforcement, immigration, finance, and public administration. As algorithmic systems increasingly mediate governance, the principles of legality, equality, and accountability face structural transformation. The concept of Algorithmic Constitutionalism proposes embedding human-rights and rule-of-law values into the design, deployment, and oversight of AI systems. This paper develops the theoretical and institutional foundations of this emerging framework, drawing from U.S. constitutional jurisprudence, European data-protection models, and comparative human-rights law. Through interdisciplinary analysis, it demonstrates that algorithmic legitimacy depends on constitutionalizing technology—transforming code into a medium of legal and moral governance. By integrating due-process safeguards, equal protection standards, transparency duties, and administrative accountability, algorithmic constitutionalism redefines legality for the digital age, ensuring that the architecture of intelligence remains accountable to justice.