Algorithmic Governance and Judicial Oversight: A Comparative Analysis of AI Integration in Administrative Decision-Making and Its Implications for Judicial Review

Abstract

This comparative study investigates the incorporation of Artificial Intelligence (AI) into administrative decision-making, with a specific focus on the judicial review frameworks in Saudi Arabia and the European Union. It assesses two distinct legal systems: the European Union, which emphasizes data protection, and Saudi Arabia, which is guided by Islamic laws and emerging AI governance frameworks. By juxtaposing these diverse legal systems, the research provides a comprehensive perspective on algorithmic governance as a crucial instrument for judicial oversight in administrative choices. Employing a comparative legal research methodology, it analyzes case law, primary legal texts, and secondary sources to explore procedural disparities, particularly concerning the judicial oversight mechanisms governing AI-driven decisions. The findings reveal significant differences: Saudi Arabia adopts a centralized, efficiency-oriented model, while judicial oversight within the European Union is regulated by the General Data Protection Regulation (GDPR) (Article 22), ensuring the right to human intervention in AI decision-making. The study advocates for the implementation of cross-jurisdictional best practices and the establishment of standardized protocols to assess the rationality of AI decisions. A hybrid algorithmic governance framework that amalgamates Saudi Arabia's emphasis on efficiency with the rights-centric oversight of the European Union could represent a pragmatic approach to AI governance within the realm of administrative law.