Judicial Oversight of Governmental Algorithms: Challenges and Prospects in Iranian Administrative Law

The integration of algorithmic decision-making systems into public administration represents a fundamental transformation of the administrative state, challenging traditional conceptions of administrative law and demanding new theoretical frameworks for understanding governance in the digital age. This article examines the barriers to effective judicial review of governmental algorithms within the Iranian legal system and proposes a forward-looking framework for addressing these challenges. Employing a descriptive-analytical methodology with comparative insights from the European Union, South Korea, and other jurisdictions, the study identifies opacity of algorithmic systems (the "black box" problem), lack of statutory transparency requirements, difficulties in realizing the right to explanation, and the inadequacy of conventional judicial review mechanisms as the primary obstacles. The findings reveal a significant tension between the efficiency-driven logic of algorithms and the protective legal requirements of administrative law. While Iran's constitutional and administrative law framework provides foundational principles—such as the right to access justice (Article ۱۷۳ of the Constitution) and the duty to provide reasons for administrative decisions—these instruments are insufficient to address the unique characteristics of algorithmic governance. The article concludes by proposing a multi-dimensional reform strategy encompassing: (۱) enactment of specific legislation on AI in the public sector, (۲) establishment of specialized algorithmic audit bodies, (۳) reinterpretation of classical administrative law doctrines, and (۴) adoption of proactive judicial oversight mechanisms. This research contributes to the emerging field of algorithmic administrative law and offers practical recommendations for legal reform in Iran and similar jurisdictions.

کلیدواژه ها:

Judicial oversight ، governmental algorithms ، administrative law ، algorithmic transparency ، right to explanation ، Iranian legal system ، AI governance ، algorithmic accountability