From rule of law to rule of algorithm: Generative Artificial Intelligence's threat to democracy

Abstract

Generative AI is transforming state power, replacing transparent legal processes with opaque algorithmic systems. This commentary argues that this shift is not simply a technical upgrade but a qualitative break from previous forms of digital governance. Where earlier predictive systems classified and ranked citizens, generative AI constructs the informational environment within which citizens act. I argue that this shift operates along two axes: generative AI’s layered opacity dissolves the chains of public answerability that link transparency to accountability, while its capacity for synthetic content generation fragments the shared factual ground that deliberation depends on. Regulatory responses such as the EU AI Act represent important but insufficient counterweights. The central challenge remains ensuring these technologies serve democratic governance rather than reduce citizens to objects of algorithmic management.