Algorithmic Sovereignty and Due Process: Constitutional Limits of Machine Decision-Making in Democratic Governance

Abstract

The rapid institutional adoption of artificial intelligence (AI) systems within administrative, judicial, and legislative processes has generated profound constitutional tensions between automation and the foundational principles of due process, accountability, and sovereignty. This paper examines the doctrine of algorithmic sovereignty—the emerging claim of decision-making authority by machine systems within democratic governance—and its compatibility with the rule of law and procedural fairness. By drawing from classical jurisprudence, administrative law doctrines, and contemporary AI ethics, the article evaluates how algorithmic determinations threaten the human-centric foundations of legal responsibility and constitutional legitimacy. It further situates due process as a normative boundary limiting machine discretion, exploring how opacity, bias, and delegation distort established frameworks of separation of powers and equality before law. Comparative analysis of the U.S., European, and global models reveals competing trajectories toward the constitutionalization of algorithmic decisionmaking. The article concludes by proposing a model of “sovereign accountability,” requiring transparent design, institutional oversight, and human responsibility as integral to lawful algorithmic governance.