Today’s “anthropocentric” legal system does not allow court cases to be resolved by artificial intelligence systems. However, it is almost obvious that soon, increasingly advanced technological tools will become involved in the justice system to an ever-greater extent. In this context, fundamental systemic questions are already emerging. First, therefore, the question must be asked whether constitutional norms require—and if so, to what extent—human participation in the adjudication of judicial matters. Secondly, the answer to the question of whether it would be permissible considering the constitutional (and international) standard of the right to a fair trial—and thus to a duly constituted court established by law—and, finally, in view of the right of the parties to be heard in court proceedings. The aim of this article is to present the basic problems related to these issues in the context of current constitutional standards.
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