A European constitutionalist facing Artificial Intelligence: Methodological reflections by a newcomer

Abstract

This study reflects on the constitutional analysis of Artificial Intelligence. To this end, it advises avoiding metaphors that may mislead or conceal essential aspects. In this sense, it recommends taking into account some lessons learned in the adaptation of state constitutional concepts to European integration. These lessons are applied to the constitutional analysis of a typical AI concept (the life cycle of an AI system) in order to argue for the transformation of constitutional concepts and categories so that they become useful to protect the ideals of freedom, equality and progress inherent to constitutionalism.