E-Government and Digital Administrative Law: Ensuring Due Process in Automated Public Services

Abstract

The rapid expansion of automated systems within public administration has transformed how states deliver services, make decisions, and interact with citizens. As governments increasingly rely on digital identity infrastructures, algorithmic decision-making tools, automated eligibility assessments, and AI-supported administrative processes, new questions arise regarding the preservation of due process in environments where human judgment is often minimized or replaced entirely. This narrative review examines the conceptual foundations, procedural vulnerabilities, and emerging governance models associated with automated public services, drawing on contemporary scholarship to analyze how administrative law must evolve to maintain fairness, legality, transparency, and accountability in digital governance. The article begins by tracing the shift from traditional administrative law—which presumes human-centered decision-making—to digital administrative law, which must accommodate technically complex systems that operate at scale. It identifies core due process challenges associated with automation, including opacity in algorithmic systems, risks of biased or discriminatory outputs, gaps in responsibility and oversight, reductions in opportunities for individuals to be heard, and the expansion of privacy and surveillance risks through integrated data infrastructures. A comparative analysis of legal and regulatory responses across the European Union, United States, United Kingdom, Asia-Pacific, and Middle East demonstrates the diversity of approaches nations have adopted to address these concerns. Building on these insights, the review outlines emerging governance mechanisms designed to embed due process protections within automated systems. These include algorithmic transparency frameworks, auditability requirements, hybrid human–machine oversight models, enhanced procedural rights to explanation and appeal, risk-based regulatory classifications, and ethical design principles for public-sector algorithms. Collectively, these measures illustrate a pathway for ensuring that digital transformation in public administration reinforces, rather than undermines, the foundational principles of administrative justice.