The Rule of the Courts

The algorithm that pronounces the words of the law

transformation of the previous concept of law in the Legal State towards formulations based on argumentation and the justification of decisions. It also implies a change in the courts’ position in relation to the law. In the 21st century, the third wave of globalization and the accelerated technological development underway represent a rupture (or, more precisely, a series of ruptures 10 ). These transformations are related to the consolidation of a global market (despite the tendencies toward fragmentation of glob alization, whose scope is currently limited 11 ) and to the impact that tech nological development is having on all aspects of life, but especially on communication processes and the ever-increasing dependence on Artificial Intelligence. There is no way to foresee or predict the future because the pace of technological development has accelerated, and every time we manage to understand and assimilate one change, new transformations emerge that we must try to comprehend. To differentiate between transitions and ruptures within crises, we can think of a door opening before us. In a transition, we can glimpse much of what lies behind the door, because the transition acts as a bridge between the past and the future. In a rupture, we see little or nothing of the interior; we cannot truly imagine the future, partly because what lies behind the door is constantly changing. The protagonists of the French Revolution, a rupture that ushered in the modern world, did not know what the future held. It could have unfolded in various ways and could not be predicted. Now, in the 21st century, we are amid a technological revolution and cannot predict the future either. What we do know is that constitutionalism has entered a profound crisis, an epochal crisis because while the French Revolution used the 10 Cf. F. Balaguer Callejón, La constitución del algoritmo , 2nd edition Fundación Manuel Giménez Abad, Zaragoza, 2023. 11 Cf. F. Balaguer Callejón, “Il futuro del costituzionalismo in un mondo (ri)globalizzato: mediazioni negative nella globalizzazione frammentata”, Nomos. Le attualità nel diritto – n. 3/2023. 2. The role of the courts during the establishment of constitutionalism

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