New Public Law in Response to New Public Analytics

Abstract

The paradigmatic shift brought about by New Public Analytics (NPA) raises the question how administrative law should respond to this ‘algorithmic turn’. While certain challenges of NPA have already been considered by administrative law in response to NPA’s predecessor, New Public Management, other implications of NPA pose new questions for administrative law. To some extent, existing cornerstones of administrative law, in particular its general principles, can be applied in a flexible manner to new issues of automation, digitalization and datafication. However, this contextualization of administrative might run against boundaries, thereby increasing the need to rethink the paradigms of administrative law in an era of NPA.