Volume 7 - Issue 2 (2) | PP: 73 - 98
Language : العربية
DOI : https://doi.org/10.31559/LCJS2026.7.2.2
DOI : https://doi.org/10.31559/LCJS2026.7.2.2
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The Evolution of the Principle of Legality toward Digital Legality in the Context of AI-Driven Public Administration: A Comparative Foundational Study
| Received Date | Revised Date | Accepted Date | Publication Date |
| 5/7/2026 | 21/7/2026 | 1/8/2026 | 8/9/2026 |
Abstract
Objectives: This study examines the impact of digital transformation and artificial intelligence (AI) on the evolution of the principle of legality in administrative law, within the transition from traditional public administration to algorithmic and AI-driven governance. Methods: The study employs analytical, comparative, and critical methodologies. It analyzes the historical evolution of the principle of legality, examines the legal implications of algorithmic administration, reviews comparative legislative and judicial developments-particularly in France and the European Union-and evaluates the Omani legal framework considering the country's ongoing digital transformation. Results: The findings demonstrate that AI-enabled administrative decision-making has generated unprecedented legal challenges concerning algorithmic transparency, explainability of automated decisions, accountability for algorithmic errors, algorithmic discrimination, and the scope of judicial review over intelligent administrative systems. These developments reveal the limitations of the traditional doctrine of legality and highlight the need for a broader conceptual framework capable of governing digital administration. Conclusions: The principal contribution of this study lies in developing a theoretical foundation for the concept of Digital Legality, conceived as a contemporary extension of the traditional principle of legality. This framework integrates conventional legal rules with emerging requirements of algorithmic transparency, data protection, human oversight, and effective judicial review of automated administrative decisions.
How To Cite This Article
Al-Kalbani , H. b. S. (2026). The Evolution of the Principle of Legality toward Digital Legality in the Context of AI-Driven Public Administration: A Comparative Foundational Study. International Journal of Legal and Comparative Jurisprudence Studies, 7 (2), 73-98, https://doi.org/10.31559/LCJS2026.7.2.2
Copyright © 2026, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.