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Research Paper Volume 8 Issue 3 3253 - 3279 June 17, 2025

Algorithmic Rulemaking: Delegated Legislation in the Age of AI and the Implications for Transparency, Accountability, and Judicial Review

Lead author · Corresponding
Vu Minh Chau
Phd Candidate at University of Law, Vietnam National University, Vietnam
Abstract

The integration of artificial intelligence (AI) technologies into administrative rulemaking processes presents unprecedented challenges for traditional administrative law doctrines. This research examines how algorithmic systems employed in delegated legislation affect core principles of transparency, accountability, and judicial review. Through doctrinal analysis and comparative examination of emerging regulatory frameworks, this study demonstrates that existing administrative law mechanisms are inadequately equipped to address the unique challenges posed by AI-driven rulemaking. The research reveals that algorithmic rulemaking creates a fundamental tension between efficiency gains and democratic accountability, particularly in areas of procedural transparency and judicial oversight. The findings suggest that adaptive legal frameworks must evolve to maintain the legitimacy of delegated legislation while accommodating technological innovation. This paper proposes enhanced procedural safeguards, modified transparency requirements, and new standards for judicial review specifically tailored to algorithmic governance contexts.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 3253 - 3279
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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