AI Judges in Courts of the Future and the Right to a Fair Trial in the ECHR
Vytautas Mizaras, Paulius Jurčys, Mark Fenwick, Brian D. Earp, Souichirou Kozuka, Sebastian Porsdam Mann, Y K Dwivedi · Cambridge University Press eBooks · 2026
This chapter addresses concerns that AI might “replace” human judges in court proceedings, thus compromising the human right to a fair trial, by offering a more balanced vision of the opportunities and challenges of the AI-equipped judge of the future. Rather than displacing the pivotal role of human adjudication, AI tools should be used to augment judicial decision-making, by providing powerful tools that complement, rather than supersede, the expertise and discretion of the bench. By situating technology alongside human judgment, we also address a concept—the “human judge-in-the-loop,”—wherein AI systems operate as indispensable allies, working in collaboration with human judges, helping judges manage excessive caseloads, ensuring consistent, evidence-based rulings, and navigating complex questions of legal interpretation. The chapter explores the procedural, behavioural, and ethical implications of integrating AI into the courtroom. We examine potential transformations in case management, evidence collection, procedural fairness, and legal interpretation, emphasizing the necessity of transparent algorithms and safeguards to protect due process rights. Equally important are questions of maintaining public trust and legitimacy: even the most advanced AI systems require ongoing oversight and human interpretive skills to guarantee that litigants and the public more generally perceive the technology and the judge’s role as efficient, fair, and reliable. The final section explores implications of AI tools for different types of judicial decision-makers (judicial clerks, bureaucratic judges, and Ronald Dworkin’s “Judge Hercules”), considering how AI can help judges surpass their traditional capabilities—however conceived—and achieve performance standards—specifically the better delivery of justice—previously unimaginable.