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Technological management and the rule of law

Research output: Contribution to journalArticlepeer-review

Original languageEnglish
Pages (from-to)100-140
Number of pages41
JournalLaw, Innovation and Technology
Volume8
Issue number1
Early online date22 Apr 2016
DOIs
Accepted/In press27 Feb 2016
E-pub ahead of print22 Apr 2016
Published2016

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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.

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