The Role of Constitutional Law in Structuring AI Governance

This chapter examines the foundational role of constitutional law in structuring artificial intelligence governance frameworks. As AI systems increasingly influence democratic processes, individual rights, and societal structures, constitutional principles provide essential constraints and guidance for regulatory design. The analysis explores how fundamental rights doctrines, separation of powers, democratic accountability mechanisms, and rule of law principles shape AI governance approaches across jurisdictions. Drawing on comparative constitutional frameworks, including the EU AI Act and emerging international instruments, the chapter demonstrates how constitutional law bridges normative values and technical regulation. Key challenges include algorithmic accountability, automated decision-making impacts on fundamental rights, and the tension between innovation and constitutional safeguards.

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