www.binghamcentre.biicl.org Questions • How is the Rule of Law relevant in the introduction of new technologies? • What are the different conceptions of the Rule of Law? • What are the core elements of a functional definition of the Rule o. [...] As emphasised by the European Court of Human Rights, “[even] in the framework of a state of emergency, the fundamental principle of the rule of law must prevail”.5 This is the principle that motivates our emphasis on the Rule of Law during this period of immense upheaval. [...] A Functional Definition of the Rule of Law The Council of Europe, which is founded upon the Rule of Law,14 has provided guidance as to the content of the Rule of Law, both in the case law of the European Court of Human Rights,15 and in the activities of a number of its bodies and monitoring mechanisms. [...] The work of the Venice Commission, an advisory body of the Council of Europe, is particularly relevant in clarifying and streamlining the meaning of the Rule of Law as a concept of universal validity. [...] Assessing Technologies for Managing the Pandemic in the Light of Rule of Law Principles At each stage of the lifecycle of a new technology, analysis from a Rule of Law perspective is relevant.28 The graph below summarises such elements of relevance through the different stages of the introduction and implementation of data-driven technologies over the course of the emergency.
- Pages
- 15
- Published in
- United Kingdom
