Judicial Activism in the Age of Artificial Intelligence

The chapter explores how judicial activism has emerged as a de facto regulatory force in the age of artificial intelligence, where algorithmic governance increasingly influences rights and accountability. It examines how courts in India, the United States, and the European Union reinterpret constitutional guarantees of privacy, equality, and due process to address algorithmic opacity, bias, and automation. Through case studies such as Puttaswamy v. Union of India, State v. Loomis, and the Dutch SyRI ruling, it analyses how judicial oversight promotes transparency, explainability, and fairness in AI systems. The study introduces the concept of “Regulatory Judicialism,” describing courts as adaptive co-regulators filling legislative gaps to protect constitutional morality. It concludes that judicial foresight must be integrated into global AI governance to ensure that technological efficiency evolves in harmony with fundamental human rights.