Abstract
This article is a sequel to ‘In the Year 2061: From Law to Technological Management’. Its purpose is to consider whether, and if so how, the Rule of Law together with the Fullerian principles of legality might be applied to a regulatory environment that is technologically managed rather than rule-based. Four organising questions are posed, concerning: (i) the compatibility of the ‘instrumentalist’ nature of technological management with the Rule of Law; (ii) the way in which compliance with the Rule of Law might function as the test of whether the use of technological management involves an abuse of regulatory power; (iii) the applicability of the spirit of the Fullerian principles of legality to the use of measures of technological management; and (iv) the further conditions that a moral community might wish to specify (as part of the Rule of Law compact between regulators and regulatees) with regard to distinctively the use of technological management.
| Original language | English |
|---|---|
| Pages (from-to) | 100-140 |
| Number of pages | 41 |
| Journal | Law, Innovation and Technology |
| Volume | 8 |
| Issue number | 1 |
| Early online date | 22 Apr 2016 |
| DOIs | |
| Publication status | Published - 2016 |
Keywords
- Abuse of power
- Essential conditions for moral community
- Fullerian principles
- Instrumentalism
- Legality
- Technological management
- The Rule of Law
- Transparency