Algorithmic Constitutional Consciousness Substitution in Artificial Intelligence Regulated Legal Systems and Its Consequences for Human Normative Freedom

Abstract

The development of artificial intelligence in a legal system based on algorithmic regulations poses new problems related to the shift in human constitutional consciousness towards the dominance of automated decision-making that has the potential to limit the normative freedom of individuals. This research aims to analyze the form of substitution of constitutional consciousness by artificial intelligence systems and its implications for human normative freedom in modern legal practice. The research uses normative juridical methods with conceptual approaches, legislative approaches, and legal philosophy approaches. Data were obtained through a literature study of 32 scientific sources, regulations, and international legal documents that were analyzed qualitatively through legal interpretation techniques and normative-critical analysis. The results show that artificial intelligence-based legal systems tend to create automated compliance mechanisms that reduce the space for moral reflection, human discretion, and constitutional participation in the legal decision-making process. In addition, the dominance of algorithms has the potential to strengthen the centralization of digital power and produce normative biases that are difficult to transparently monitor. This study concludes that the use of artificial intelligence in the legal system requires strengthening the principles of constitutional safeguard, algorithmic transparency, and human rights-based supervision in order to maintain human normative freedom in a digital legal state.