IA e funzioni giurisdizionali: alcune questioni preliminari alla luce del quadro costituzionale

The paper examines the preliminary constitutional questions concerning the delegation of judicial functions to artificial intelligence (AI), particularly analyzing its potential impact on the core principles of the Italian judiciary. Specifically, it is argued that the principle of the judge's exclusive subjection to the law (Article 101 of the Constitution) implies a relationship of mutual implication between the judge-human being and the law, difficult to replace by machines, also due to the latter’s capacity to elaborate doubts. In this sense, the Constitution highlights a strictly anthropomorphic conception of judicial functions. The analysis then focuses on the tension between the “calculability” of law through AI and the interpretative and evolutionary nature of judicial activity, crucial for the interpretative frameworks concerning fundamental rights. The complete delegation to AI could compromise these dynamics and the comprehensibility of reasoning. While acknowledging the utility of AI as an aid to the judge in specific phases of the process, the article emphasizes the centrality of the human element in the exercise of jurisdiction, as well as the necessity of legislative interventions that holistically address the issue of AI within judicial functions.