Artificial Intelligence-Assisted Judicial Decision Support Systems and Their Impact on Due Process and Access to Justice

Abstract

Artificial Intelligence (AI) has become one of the most profound changes in the 21st century in the administration of justice. These judicial decision support systems, with their AI-driven capabilities, hold the potential to improve judicial efficiency, consistency, and access to justice. These technologies, however, raise the deepest concerns of due process, judicial autonomy, equality before the law, and public confidence in the judiciary. The article is a complete doctrinal/comparative analysis of AI-assisted judicial decision support systems and their effects on due process/access to justice. The article explores the dangers of algorithmic bias, opacity, AI hallucination and the reduction of judicial discretion to fundamental rights, based on international standards, such as the UNESCO Guidelines for the Use of AI Systems in Courts and Tribunals (2025), the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (2024) and the European Union AI Act (Regulation (EU) 2024/1689). The article provides a comparative analysis of jurisdictions such as the United States, China, the European Union, Brazil, India and Pakistan, and identifies challenges that are common to these jurisdictions and regulatory responses that are emerging. This article suggests a constitutional approach to AI-assisted justice that combines the Erkan Constitutional Algorithmic Safeguard Model (ECASM) and international human rights laws and provides recommendations for policy makers, courts, and technolovers. The article argues that AI can be used to augment, but not replace, human judgment in judicial decision-making and that the legitimacy of AI-powered justice relies on the strict principle of due process, transparency, accountability and meaningful human oversight.