
Review of the Constitution of the Republic of Kurdistan · Peer-reviewed essay
Artificial intelligence, rule of law and digital democracy
Constitutional standards in Clauses 113 and 116–120
Artificial intelligence redistributes informational power inside the state. This article proposes risk-based regulation, transparency, a right to reasons, data-quality duties, independent testing and democratic rules for public participation systems.
Doctrinal analysis of the constitutional text, read together with institutional design, comparative public law and implementation risks. The article distinguishes binding text, interpretive principle and policy recommendation.
AI and the distribution of power
Prediction and classification can determine access to benefits, policing or employment before a person understands the rule applied. Constitutional analysis must therefore examine the system, data and human institution together.
A risk-based framework
Low-risk assistance can follow ordinary controls; systems affecting rights need impact assessment, testing, logs and appeal; incompatible uses such as unreviewable social scoring or indiscriminate biometric surveillance should be prohibited.
Transparency and the right to reasons
Public bodies must identify when AI materially influences a decision, disclose the legally relevant logic and provide a competent human reconsideration. Trade secrecy cannot erase due process.
Data, bias and digital democracy
Representative data, documented provenance and independent audits reduce discriminatory error. Participation platforms need verified integrity, plural access, transparent moderation and a clear distinction between consultation and binding vote.
Conclusion
AI may expand state capacity only where law preserves intelligibility, contestability and final human responsibility.
References
- دەستووری کۆماری کوردستان، بەندەکانی ١١٣ و ١١٦ تا ١٢٠، وەشانی ٢٧٢٦ی کوردی.
- NIST, Artificial Intelligence Risk Management Framework 1.0, 2023.
- UNESCO, Recommendation on the Ethics of Artificial Intelligence, 2021.
- OECD, Recommendation of the Council on Artificial Intelligence, 2019.