IN TECHNICAL TERMS: PUBLIC LAW AND THE TECHNOLOGIES OF GOVERNANCE

This panel explores public law‘s character in an age of technical governance. As a field, public law draws on principles, such as fairness, justice, and democracy. But technicalities shape how public law governs. Programs ranging from infrastructure to social services are delivered by multiple state and arm‘s-length agencies and regulated by many intersecting rules. Administrative decisions are guided by risk-calculating algorithms and generated by software. Meanwhile, platform technologies use public law techniques (constitutional principles, bureaucratic design) to govern their domains. Drawing together sociolegal research from Australia, Canada, and Europe, this panel traces shifts and continuities in governance across service-providing institutions. Each paper examines how technical details, from prescriptive software to constitution-like corporate policies, influence governance in different contexts, and theorizes how public law might respond to changes already underway.



Time:  MONDAY 25 June 2018 16:45-18:15
Chair(s):   Jennifer Raso
Panel:  Panel 1