literature review of judicial system

Separation of Powers and the Growth of Judicial Review in Established Democracies (Or Why Has the Model of Legislative Supremacy Mostly Been Withdrawn from Sale?)

62(3) American Journal of Comparative Law 613 (2014)

UCLA School of Law Research Paper No. 14-06

28 Pages Posted: 1 May 2014 Last revised: 25 Nov 2014

Stephen Gardbaum

University of California, Los Angeles (UCLA) - School of Law

Date Written: April 29, 2014

Most of the literature explaining the tremendous growth of judicial review in recent decades has focused on the transition from authoritarian rule or post-conflict states and employed a broadly public choice methodology to account for the change. To the more limited extent explanations have been presented for the significant number of established parliamentary democracies that have also created or expanded judicial review during the same period, these have also mainly relied on a similar public choice framework. This article presents an alternative – or at least supplementary – account of the abandonment of traditional legislative supremacy in this latter group that is institutional in content and puts the parliamentary nature of these democracies in the center of the picture. It identifies a series of developments and changed institutional practices that have combined to undermine faith in political accountability as an effective and sufficient check on the undue concentration of governmental authority. In this way, the article argues that separation of powers concerns have been an important reason for the growth of judicial review in these countries.

Keywords: judicial review, separation of powers, parliamentary democracies, legislative supremacy, political constitutionalism, political parties, party system, bicameralism

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The Judicial Hierarchy: A Review Essay

• Jonathan P. Kastellec
• Published 26 July 2016
• Law, Political Science

10 Citations

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• Published: 23 August 2024

Integrating industry 4.0 technologies for the administration of courts and justice dispensation—a systematic review

• Hitesh Bhatt 1 ,
• Rajesh Bahuguna 1 ,
• Siddharth Swami 2 ,
• Rajesh Singh 3 ,
• Anita Gehlot 3 ,
• Shaik Vaseem Akram 4 ,
• Lovi Raj Gupta 5 ,
• Amit Kumar Thakur   ORCID: orcid.org/0000-0002-9929-6176 5 ,
• Neeraj Priyadarshi 6 &
• Bhekisipho Twala 7  

Humanities and Social Sciences Communications volume  11 , Article number:  1076 ( 2024 ) Cite this article

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• Criminology
• Science, technology and society

The judiciary is a foundation of democracy, upholding the rule of law and protecting rights. Efficient court administration is vital for public trust, justice, and timely proceedings. Currently, courts face challenges such as inconsistencies, adjournments, and absence of transparency, undermining the justice system. Traditional manual processes and paper-based documentation cause significant backlogs, slow resolutions, and limited public access. As case volumes and complexities rise, modernizing court administration through digital transformation is progressively critical. Currently, many countries are integrating technologies in the courts for its administration and other activities. In recent years, courts and judges have been subjected to pressure to improve performance, uplifting judicial effectiveness to a top priority. Subsequently, several countries have integrated simplification and digitization strategies in judicial initiatives to enhance court efficiency. Switzerland’s Justitia 4.0 and Brazil’s PJE are notable initiatives that focused to strengthen court administration through digitalization. These aspects motivated this study to examine the detailed integration of industry 4.0 technologies such as the Internet of things, cloud computing, blockchain, big data analytics, robotics, drones, Metaverse, digital twins, and artificial intelligence for court administration with digitalized infrastructure. According to the study, integrating these technologies in less complex cases helps minimize expenditures and save time, making to resolve cases conveniently, efficiently, and superiorly. The study also identified the challenges and issues associated with industry 4.0 technologies such as evidence gathering, evidence preservation, robot judges for pre-judgment analysis, and judgment delivery, which future studies need to be explored.

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Introduction.

The Sustainable Development Goals (SDGs) are crafted on the core principle that sustainable development can be meaningfully attained once a global alliance is formed to combat the vices obstructing humanity’s advancement in all realms and all aspects (Adshead 2019 ). Justice is an essential requirement unquestionably justly forms the basic denominator of fairness and impartiality in life that touches base with everyone. The static court’s administration, plagued with several vices untouched thus far, prepares the ground for a string of inchoative technological measures to help better the justice delivery system and, in turn, overhaul the administration of justice. The SDGs’ goals 9 (resilient infrastructure and foster innovation) and 16 (access to justice and building effective systems) serve as good representations of the requirement for a revitalized and resilient infrastructure in the concept of access to justice (Hope 2020 ).

Currently, a study addressed that the integration and investment of digitalization for the courts has a significant impact on the federal and state courts of Brazil (Gomes et al. 2018 ). However, a study concluded in the Brazilian context indicated that the use of digitalization alone is inadequate to minimize the duration of judicial proceedings when it relates to the speed and timeframe of a lawsuit (Procopiuck 2018 ; Relling 2011 ; Greacen 2019 ). The preceding study also adds that legislation is another crucial element that affects judicial performance in addition to management and technology. The former is true, given any technological embrace must necessarily receive statutory recognition; otherwise, infractions of rights and cases thereto will become a commonplace platitude. Databases and technological resources improving the extant justice system form an inextricable part of robust judicial quality.

Courts may be able to boost access, transparency, fairness, and equality with the increased acceptance of digitalization and may significantly benefit from the positive effects and usufructs that technology inevitably induces. Still, there remains a tangible chance that the justice system will become less humane because justice induces the humane and rational adjudication of tightly contested issues (Meyer 2014 ). The efficacy and potency of the procedural measures affecting the litigant’s interaction with the justice system serve as an undeniable indicator for evaluating the speed and productivity of the court. Fundamentally, under the ambit of constitutional and legislative lawmaking, everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law (Arias and Maçada 2021 ). The adoption of digitalization has delivered eminent outcomes in different countries such as international criminal court, hague, Barzil, Hague, Singapore, Portugal, and North American states for the various applications such as electronic evidence management, electronic case analysis in appellate court, online dispute resolution, online based trials, e-discovery and electronic case management (Dilon and Beresford 2014 ; Magnuson and Thumma 2014 ; Pangalos et al. 2014 ; Rosa et al. 2013 ; Carlson 2007 ; Contini 2000 ).

The various applications in the administration of courts are achieved by integrating industry 4.0 technologies that can create a resilient and sustainable infrastructure in the courts that is in tune with the intentions ingrained in the SDGs. The compelling reasons paving the way for integrated assimilation of Industry 4.0 technologies in any field is to achieve digitalization with automation, real-time monitoring, predictive analytics, virtual representation, and ledger-based security for information (Malik et al. 2021 ). Industry 4.0 enabling technologies such as the Internet of things, cloud computing, block chain, big data analytics, robotics, drones, Metaverse, digital twins, and artificial intelligence have unique features. Through Fig. 1 , the authors have delineated the manifestation of courts’ administration in a pervasive digital era wherein interconnected but reliable and robust technologies may influence the justice dispensation process. Amid the constant technology wave bringing a slew of unrivalled technological crème-de-la-crème measures prompting courts to dabble with digitalized apparatus, courts are bound to embark upon an alteration in the status quo, therefore promoting a rejuvenated cyber ecosystem towards digitalization and modernization to achieve and bolster the enhanced access to justice.

Court’s administration in the digital era.

The authors have analyzed the erstwhile available literature based on the preceding reasons and motivation to pursue the present study. However, the available literature is scanty and skeletal, but wherein most Industry 4.0 technologies showing technological reverberations in the court administration are discussed. However, the review process also showcases a glaring picture that a single consolidated study is unavailable, which has compiled the industry 4.0 effects on the justice system in its various attendant facets. Ref (Agrawal et al. 2022 ) study analyzed the various aspects of Industry 4.0 technology in the legislative institution and administration. As a result, it is concluded that the significance and role of industry 4.0 technologies in the enhancement of court administration is critical to provide knowledge and a path for its widespread adoption by the courts of different countries in the industry 4.0 era. This study provides an overview of the possibility, challenges, and future scope of implementing these technologies in court administration. The main contribution of the study is as follows:

The study addressed the perceptions of incorporating industry 4.0 technologies into judicial administration, as well as the implications and influence on court administration for the resilience infrastructure in the judicial system.

The significance of Industry 4.0 technologies for the legal process, pre-judgment research, augmenting the court’s administration, and strengthening the justice dispensation are presented in detailed.

The study will help as a reference point for future researchers and help create a sustained academic dialogue on vexed issues like evidence gathering, evidence preservation, robot judges for pre-judgment analysis, and judgment delivery, which are awaiting academic exploration in so far as their dalliance with court administration is related

The article’s organization (Fig. 2 ) is as follows; Section 2 presents the methodology of the study. Section 3 discusses a legal overview of the administration of courts juxtaposed in technology times; Section 4 addresses the technology integration for administration of courts, Section 5 discuss the European Union Legislative Architecture for Artificial Intelligence Act (AIA) and Section 6 presents the recommendations.

Organization of the study.

Methodology

This study identifies the possibilities and challenges of integrating Industry 4.0 technologies for the court’s administration. The primary research question framed in this study is “How do industry 4.0 enabling technologies impact the performance and enhancement of court administration?” Based on this question, this study has investigated the different research articles related to law, judicial, Industry 4.0, and sustainability. The authors have adopted a qualitative legal research method to analyze the issue of socio-legal importance comprehensively. The papers have been accordingly reviewed given the developments of technological apparatus with the administration of justice does not follow an apple-fie assorted order, and in essence, developments are strewn in randomized order; thus, the selection of articles necessarily follow a randomized selection model to fathom the otherwise untraceable patterns.

The research articles are obtained from the Scopus, and Web of Science databases by using different Boolean operations for the different keywords. “Judicial AND Industry 4.0”, “Law AND Industry 4.0”, “Court administration AND Sustainability”, Court administration AND digitalization”, “Court management AND Industry 4.0”, “SDG AND Judicial infrastructure”, “IoT AND court administration”, “AI AND Court administration”, “blockchain AND Court administration”, “big data AND Court administration”, “Cloud computing AND Court administration”, Digital twin AND Court administration”, “Metaverse AND Court administration”, “ecourt AND Industry 4.0”. These keywords are used in search filters of Web of Science and Scopus database through Boolean operations.

The study considered 174 references along with a few articles on the operation and influence of laws’ in its interaction and segue with technology from high-quality journals such as IEEE Security & Privacy, IEEE Access, Journal of Computational Social Science; Asian Journal of Law and Society; Social & Legal Studies; IEEE Internet of Things, IEEE Transactions on Technology and Society; IEEE Transactions on Knowledge and Data Engineering; IEEE Potentials; Computer law & Security Review; Journal of Risk and Financial Management; IEEE Communications Surveys & Tutorials; Smart cities; Multimedia Tools and Applications; Artificial Intelligence and Judicial Modernization, and IEEE Transactions on Industrial Informatics.

Technological aspects of the administration of courts

The ever-changing legal apparatus bolsters the recognition of the changing tunes of the times. Modern times are technological times that give an unrestrained impetus to electronic times, where society and the accompanying systems are becoming paperless and digitalized. The legal hustle and bustle of today’s day and age enforce tremendous respect for privacy and data security, given the continuously changing technological phenomenon and its extensive and penetrative usages (Xu 2014 ). Technology has revamped how, as humans, we hold the discernibility to acknowledge and recognize legal administration. The Justice administration can no longer perceive technology as a pariah because society is globally unified through electronic and digital means. It automatically signifies the emanation of concerns, forming the groundwork for unavoidable legal intervention.

The contours and dimensions of technology require an emphatic asseveration while deciding the disputes founded on legal complexities, niceties, and intricacies. With the onset of the virtual world and the inception of a technology-laden juggernaut in the likes of block chain (Dang 2018 ), Cloud computing (Dillon 2010 ), big data analytics (Perera 2015 ), machine learning (Sengupta 2022 ), etc., it becomes legally imperative to acknowledge the changes brought about by the technology. It is only on the back of an overwhelming acceptance of these times that the administration of courts and justice dispensation amid this digital transformation and technological messianic zeal needs to be amended, molded, and transformed to serve the public (Merchant 2011 ).

In Fig. 3 , the authors exemplify a wide array of technologies that influence the court’s justice dispensation and administration. The figure depicts a conglomeration of 8 technologies that will genuinely overhaul the justice delivery system. Amongst the significant issues are data privacy (Krueger 2015 ), evidence gathering (Rajamaki 2013 ), evidence protection (Schwank 1998 ), smart courts (Zheng 2020 ), speedy trial (Nir 2022 ), and data interception, etc. which face the wrath of a massive technological tour de force cooking up an unavoidable digital storm. With the greater interpolation of technologies in the legal system in the name of digitalization, the issues of fake video identification (Guera and Delp 2018 ) and fake evidence detection (Flegel et al. 2010 ) have also seen the light of day. There are issues relating to the server’s storage capacity and preservation. Since the users’ sensitive personal information and personal information are stored in social media and other applications, data leakage and data interception pose a significant legal challenge, bringing contractual concerns (Gatteschi et al. 2018 ), privacy concerns (Zarouali et al. 2022 ), data mining (Gul et al. 2021 ), data harvesting (Rikalp and Lundvall 2020 ), and data aggregation (Banafa 2017 ). Therefore, it is imperative to address these concerns considering the spirit embedded in Goal 9 of SDGs, i.e., by creating a robust digital infrastructure that stands the scrutiny of modern times.

Technologies influencing the court’s administration.

The legal system is facing problems with how big tech companies like Apple, Google, Microsoft, and Yahoo treat customers’ data. Data is the new oil and the gravity of all these concerns also emanates from the importance of data in influencing human behavior and consumer choices. Through data, big tech companies control and manipulate human decisions using an array of technologies and, most prominently, big data analytics (Wu et al. 2013 ). The issues of governmental control over data, especially in countries like China (Jiao et al. 2015 ) and Russia (Vendilpallin et al. 2017 ), become even more prominent since the government carries a heavy hand in manipulating social choices and other behavioral mechanisms. Given the technological interruptions in the justice delivery system, a compelling legal groundswell galvanizes the need to move on the bandwagon of Administration of Courts 4.0 bandwagon to achieve robust, reliant, and sustainable judicial digitalization in tune with Goal 9 of SDGs.

IoT is advanced technology that empowers to implement with intelligent systems and communication systems. IoT reflects a network of physical objects related to sensors, software, and other technologies to share data with other devices connected over the internet. It is an aggregation of physical and digital devices intimately connected and helps extend the borders of the technological cosmos (Sadiku 2014 ). Cloud Computing represents a landmark disruption in the realm of information technology. It comprises a set of services offered through the internet, where the web is conceived as a preinstalled space through which services are extended. The web is a service that provides a portal of other associated platforms, which makes the computing age holistic and interconnected (Wu et al. 2013 ). Big data Analytics typifies a congregation of digital data crumbs and a massive convoke of voluminous data sets with multiple anonymous sources. It is a process where structured, unstructured, and semi-structured data is analyzed and mined to uncover relations such as hidden patterns, market trends, correlations, etc. The data collection capacity bears the potential to answer the unanswerable Artificial intelligence bears the hallmarks of an intelligent system. Given how it is devised, it brings forth an intelligent system welded with ingenuity and unique properties. The system culls out patterns to give way to an enhanced automated judgment. Blockchain is a shared, immutable ledger that eases the process of recording transactions in a network. It incorporates distributed ledger technology. It creates what is known as blocks when it stores transactional information. Confidentiality and trustworthiness are its flag bearers. Transparency and data protection promote block chain networking (Jacoby and Usländer 2020 ).

Digital Twins is a technological mirroring of all the physical processes replicated in the virtual ecosystem alongside the functions enumerated. It represents the digital infrastructure where technology is deeply embedded in all walks of human interactions. This virtual representation is continuously updated from real-time data and converges simulation, reasoning, and machine learning to reflect better decision-making (Jacoby and Usländer 2020 ).

A digital twin offers a better environment than simulation, considering it creates a wholesome virtual environment, thus replicating various digital processes, making it enriching to study. Digital twins benefit from a two-way exchange of information, first when the object sensors furnish chunks of data to the system process, and second, when the system insights created are shared back with the object (Batty 2018 ). Robots and Robotic process automation have taken the world by storm and have innovatively turned the cyber-physical system on its head. The ramifications of robotics usufruct have sinews to alter the legal paradigms about data protection, consumer protection, commercial contracting, and intellectual property issues (Jacoby and Usländer 2020 ). At this stage, it is also important to highlight the unique relationship between AI and Robots. AI focuses on designing computer programs and applications that can perform human-like tasks.

AI and machine learning algorithms can learn from experience, solve complex problems, and reason logically. Robotics technology uses physical robots that can perform tasks autonomously or semi-autonomously. AI is all about programming intelligence, while robotics involves building intelligent robots. While robotics and AI can exist separately, scientists focus on combining them due to their potential. AI and robotics can be powerful business tools. AI-powered robotic solutions are gaining traction in healthcare (Holder 2016 ), legal (Mohanty et al. 2021 ), automotive (Kuteynikov et al. 2022 ), retail, manufacturing (Rajamaki 2013 ), education (Eguchi 2021 ), logistics (Sorooshian et al. 2022 ), transportation (Kuberkar and Singhal 2020 ), etc. AI and robotics have given us ML and NLP-powered virtual assistants and chatbots that speak humans’ natural languages.

Virtual assistants like Siri (Mclean et al. 2021 ), Alexa (Castillo et al. 2021 ), and Cortana (Castro and New 2016 ) have made our lives easier. Secondly, graphically advanced games with human-like characters have added to our comfort. Gaming companies use AI and robotics to gather and process user data to create games, characters, visuals, and interfaces that match the target audience’s preferences (Jia and Stan 2021 ). True Blue Casino uses AI to manipulate game outcomes. Thirdly, Self-driving cars and autonomous flying technology use AI and computer vision to avoid obstacles (Nwokoye et al. 2022 ). Drones can perform 360-degree aerial views, video recording, security surveillance, and more (Thai et al. 2019 ). Metaverse is the three-dimensional interactive space that embodies the actions of the physical world in digital avatars. The path-altering paradigm shift it brings to the forefront bears the capacity to alter human interactions and provoke lasting legal tremors of considerable ramifications (Hollensen 2022 ). The Metaverse is a post-reality universe that merges physical and digital reality. VR and AR offer multimodal interactions with virtual environments, digital items, and people (AR). The Metaverse is a web of social, networked immersive environments on multiple platforms. It enables real-time embodied user communication and dynamic digital interactions. In its earliest version, avatars could teleport between virtual worlds (Mystakidis 2022 ). Modern Metaverse provides social, immersive VR platforms compatible with massively multiplayer online video games, open game worlds, and AR collaborative environments (Wang et al. 2022 ).

All the above technologies propose an interconnected concatenation of digitalized measures that can introduce a slew of path breaking reforms to rejuvenate the traditionalistic and dyed-in-the-wool pattern of justice delivery. The modern technological might of these tools is a shot in the arm to actuate SDG Goals 9 & 16 to have a digitalized and technologically robust sustainable administration of the court system coupled with smart courts, aware judges having access to automated pre-judgment analysis, etc. The spirit embedded in the SDGs, more so promoted for courts via Goal 16, could indeed be achieved when optimum utilization of Industry 4.0 measures finds a reliable, reliant, watertight, and pragmatic way to use the robust systems, infrastructure or practical systems as envisaged in Goal 9 to ensure a rejuvenated and transparent integration of technological juggernaut with the idealistic expectations from the justice mode. A conundrum that will only be solved if the issues are understood better and spoken about in great detail. The authors attempt to develop that understanding through the analysis and review carried out by this paper.

Technology integration for the administration of courts

In this section, we have discussed the role, applications, and challenges of integrating industry 4.0 technologies such as IoT, cloud computing, AI/ML, block chain, digital twin, Metaverse, and robotics in detail with the aid of an assemblage of literature available worldwide on the interaction of the foregoing technologies in the multifaceted layers of the administration of courts.

IoT’s role in strengthening the administration of courts

The onset of modern-day technological interventions requires an alert, calibrated, and timely response to address the deluge of contemporaneous concerns for redressal. IoTs are a harbinger of new times in legal realms. IoTs represent a changing social, economic, political, communicational, etc., landscape that warrants a rejuvenated legal and social approach (Tzafestas 2018 ). The idea is to encourage the perpetuation of equanimity, peace, and harmony co-existing with the rapidly changing technological ecosystem. The yesteryear social order has altered, which has given way to new paradigms. Representing the undercurrents of modern times, a rejuvenated digital prepossessing outlook is desirable, which requires a convergence of Web of Data, IoTs, and Industry 4.0. Thus, a necessitous change in legal governance is the need of the hour, with broader assimilation of IoTs to lift the veil for a new legal order (Casanovas 2022 ). IoT devices contain data that investigative agencies and courts can use to provide justice based on the evidence in the shape of data stored therein. Contract formation and consequent legal adjudication between the user and the technology company regarding the appropriation of data form a critical legal point. This can be accounted for the growing relevance of IoT in justice dispensation. The ground-breaking internet landscape offers a riveting and absorbing capacity to transform the model of justice delivery into an internet-based model, i.e., electronic justice (Nwokoye et al. 2022 ). The new tools for e-justice are growing by leaps and bounds to ensure a more citizen-centric approach to enhancing e-administration.

The swaying of IoT devices in providing justice administration proffers a more citizen-centric approach to achieving openness and transparency in public governance (Cano 2015 ). The IoTs are predisposed to play a landmark role in shaping and molding the e-justice delivery model (Yu 2021 ). Due to the absence of consolidated and composite rules of e-justice, the application of digital technologies applies differently and thus leads to legislative collision (Borisova 2019 ). If the unification of law transpires, harmony amongst various laws will come to force, and justice dispensation based on a technology-driven model be prudently achieved. IoTs model is given to data mining performance machinery, thus raising eyebrows about data protection. Data protection is rooted in information privacy which the data protection law intends to protect (Pagallo 2017 ). Data portability is one issue that bears tremendous undertones of far-reaching ramifications (Urquhart 2018 ). All these privacy concerns have justice administration at the centerstage and people’s rights to remain as the master of their data.

Data harvesting through devices like smoke detectors, glasses, webcams, watches, etc., is happening unimaginably to enhance the human experience. If comfort is the relief, privacy concerns form the indisputable pressing predicament (Alabdulsalam 2018 ). Thus, an urgent need for IoTs forensics to set the security ball rolling in the IoTs-laden technology-replete landscape. The assimilation and vociferous implementation of data forensics will embolden the security framework needed to be put in motion to plug security lapses and data breaches (Oriwoh 2015 ). Another dimension of justice administration, like evidence treating procedures and juvenile crime monitoring, can also occur with the aid of IoTs models. Minor campus crimes can be curtailed if the information management of the juveniles can be done, and it will help assess and then subsequently address the issues encountered (Gong 2022 ). IoTs combined with the grid management model will go a long way in suppressing and decimating minor juvenile delinquencies, thus eschewing the young guns from going astray.

Additionally, the evidence collected in the form of data through IoTs devices is increasingly used as evidence before the court of law, therefore enormously assisting the justice delivery and promoting the court’s administration. The State of Ohio v. Crompton is a landmark case where the evidence obtained through a pacemaker was considered medical data and pressed into evidence (Maras 2020 ). The learned author (Maras 2020 ) has =expounded that adopting an approach while admitting evidence retrieved from IoT devices will automatically accompany reverberations in the justice system, considering the court’s administration is founded on constitutional and legislative law-making. The laws, unfortunately, remain a bit vague and amorphous in so far as crystal-clear enunciation on this vexed issue of law is concerned. It manifests the ever-growing importance of IoTs in justice administration.

Justice delivery and court’s administration amid the technological onset of cloud computing

The age of the cyber environment has turned the physical world upside down as it has changed and challenged the way we operate and behave, i.e., status quo alteration. Online meetings replace physical meetings; law clerks are replaced by automated analysis, paper records are being changed by cloud storage, etc., a few examples of how technologies have revamped the physical world. Technological interventions and disruptions have brought virtual reality to the center stage. There is no gainsaying that technological onset has begun, and it is here to stay for times to come. Cloud computing is the quest of modern-day digital realities, which believes in erecting a shared model digital infrastructure grounded in a pay-per-use system (Lin 2009 ). Privacy, trust, and security issues are germane while dealing with cloud computing (Pearson 2013 ). Privacy is the concept of life and liberty, and any digitalized system of governance incorporating cloud computing as a technological apparatus must remain steadfast in protecting privacy, a germane civil rights concern. Cyber-physical systems represent the bleeding age technologies, and cloud-based cyber-physical systems incorporating IoTs, and big data analytics seem to be the spirit of the coming times (Mourtziz 2016 ). The e-governance model desires data security, and the robust cloud storage system may be handy in preserving data sanctity and ensuring justice (Gomathi 2021 ). It forms the essence of a just and rationally organized legal system.

Cloud computing poses a challenge in many areas of law, including contract law, taxation law, intellectual property law, privacy law, etc. (Parrilli 2010 ). IPR issues are bound to emerge given cloud computing engages in transnational boundaries where divergence of laws is a norm and unifying structure of statutes is a misnomer. Therefore, informational security and trade information-related concerns may challenge the informational relationship with cloud computing. Given the divergence of agreement between the cloud holder and the client to the technology provider and the client, contractual issues emanate. Due to data breaches and leakages, privacy becomes the sufferer. The global legal fraternity has cogitated options to counter the trust issues evoked by cloud computing. The best that has come out is data protection laws to ensure data security is operable on cloud computing platforms (Russo 2018 ). Since the cloud operates borderless, thus the data exchanges and transmissions taking place in unchartered and boundary less ways present a new legal predicament because transnational cybercrime implications require urgent assessment (Hooper 2013 ). The issues become more challenging when the transnational nature of cloud operations faces the onslaught of data breaches, data leakages, and unauthorized access, thereby risking commercial secrets and capitulation of privacy guidelines (Walden 2012 ).

Figure 4 highlights the legal concerns about the court’s administration and justice dispensation where the cloud computing landscape becomes ubiquitous. It outlines the different concerns that will become the point of contention for the administration of courts once cloud computing assumes a central role in facilitating a seamless digitalized electronic justice system. Figure 4 showcases the variegated facets of court administration that will witness an inevitable influence and may require policy and legislative ponderance and scrutiny to decide the usage of cloud computing better while remaining mindful of the challenges it unquestionably throws up for consideration.

Legal concerns of cloud computing in administration of courts.

The data acquisition for the legal process ought to take place smoothly (Dykstra 2012 ). Cloud-based cybercrime investigation is essential to preserve, protect, and shelter the sanctity of data transactions. The time is ripe for introducing an efficient forensic model to ensure transnational cloud computing services typify the churnings of the times (Hemdan 2021 ). Due to the glaring absence of computer forensic guidelines in conducting computer forensic investigations of a cloud computing system, it remains a novel area of legal inspection (Taylor 2011 ). Given the enormity of cloud-based infrastructure, there is a compelling need to introduce audit agents to parse the collected evidence through cloud systems (Ruebsamen 2013 ). This eradicates any chances of embellishing pieces of evidence and keeps the authenticity of the evidence obtained hermetically sealed.

Technological coalescence in the administration of courts catapulted by big data analytics

Justice administration in courts is about processing the data collected during the proceedings to conclude the case by arriving at a decision. The intervention of big data analytics is a modern-day technological disruption that may also have lasting reverberations in the legal domain (Kemp 2014 ). Big data represents the archetype of collecting all sorts of unstructured and structured digital data crumbs. The process of going through a mammoth collection of complex data sets to find the clandestine patterns, interconnections, cluster analysis, and co-relations is big data analytics (Sagiroglu 2013 ). The greatest proponents and advocates of big data analytics have spoken at great lengths about the objectivity and informed decision-making on the strength of big data analytics (Christin 2017 ). This objectivity in decision-making is significant when juxtaposed with the insurmountable workload in court case management systems. At this juncture, applying big data analytics to spring up a platform like Legal Ops, which helps summarize the delivered court opinions to help prepare for subsequent cases, is an encouraging digital advancement (Gargett 2020 ).

Data regulation was never conceived considering big data analytics. Privacy remains a significant issue and warrants a rational approach. The predictive predilections to investigation and knowledge have shown how big data analytics deserve a rethink in the legal arena on data protection regimes (Mantelero 2015 ). The inception of big data has led to its abuse by cyber criminals in starting ‘upstream’ and ‘downstream’ cybercrimes. Upstream cybercrimes include data breaches obtained through big data analytics, and downstream crimes include using those data for monetizing purposes by issuing threat directives and extortion (Porcedda 2019 ). The data protection concerns become important and entail widespread ramifications when big data analytics proposes an age of ubiquitous dataveillance, jeopardizing the data protection framework (McDermott 2017 ). Article 8 of the European Convention on Human Rights confers a right for people to protest to preserve their interests. It is a part of the human rights framework. With big data gathering becoming a familiar refrain and no data protection law on the ground, the legal framework falls short (Sloot 2016 ).

Big data analytics can become the wind beneath the idea of amping up the court’s administration by helping to create automated legal decision-making in conjunction with big data algorithms like row similarity, word count, word co-occurrence, clustering, and classification (Raghupati 2018 ). The world of big data will help enhance the performance of fine executing courts whereby the persons charged with fines can be found by effective data execution thinking through which residential addresses, real-time locations, and business addresses can be obtained. This omnibus all-encompassing and all-pervasive data-gathering prowess is an apogee of big data-empowered courts (Yao 2020 ).

In the author’s opinion, court management as it transpires today leaves much to be desired. The majority of the justice dispensation models, from the litigant filing a case before the court to the judges delivering the final judgment, transpire, by and large, through physical models. Therefore, the entire process is long, considering the limitless facets attached to it. Big Data Analytics may operate as a necessary saviour while diffusing the enormity of information-processing concerns. It becomes crucial because a case normally travels from the first court to the appellate court before curtains are officially drawn over it and the matter attains impregnable finality. It becomes inevitable, for example, for an appeal court judge to process the entire file in person. The process is tedious, hectic, and onerous. Big Data Analytics will significantly help in this case like the LegalOps cited above, wherein all court documents may be processed and the subliminal patterns that otherwise go unnoticed while reading the material from the human’s eye, the interconnection between various facts in play, the automated intelligent outcomes the facts may tell, row similarity, word count, word co-occurrence, clustering, and classification found about while reviewing the case file will strengthen and augment the fast and enlightening decision-making exercise. However, the concerns that may happen with using any technology must be addressed transparently, promptly, and with alacrity. Article 8 of the European Convention on Human Rights has sought to provide a voice to those concerns, and the authors feel any subsequent approach for incorporation of big data analytics with justice processes must essentially honour civil liberties and must find a voice in the country’s legislative and constitutional law making.

The age of AI/ML casting a technology-driven spell on justice dispensation and court administration

The domain of artificial intelligence poses a watershed moment and breaks fresh ground for judicial modernization (Cui 2020 ). One of the basic tenets of justice dispensation is neutrality and impartiality, and the application of artificial intelligence satisfies all the cornerstones of judicial impartiality (Yadong 2020 ). Artificial intelligence is an intelligent function applied to pre-determined tasks to give intelligent responses. Law enforcement agencies are vigorously taking up the deep learning professed by artificial intelligence to achieve suspect profiling, traffic control, tracing the trail of dark web money, anomaly detection, and child pornography detection (Raaijmakers 2019 ). Artificial intelligence employs machine learning, and with this, the routine work of lawyers can be addressed. They can be saved from attending to boilerplate complaints (Nikolskaia 2020 ).

One of the major tasks assigned in judicial administration is finding and retrieving case laws. There is a golden opportunity on the brink of the technological anvil to have an artificial intelligence-backed case law retrieval system (Jackson 2003 ). Modernizing the court’s administration will surely enhance the justice delivery process. The future beholds an amalgamation of artificial intelligence and justice to gird up the concept of intelligent courts (Zhang 2022 ). The justice system is beleaguered with judicial delays, longstanding court processes, inordinate time for judgment delivery, etc. All these administrative ailments can be improved with the aid of artificial intelligence to realize speedy judicial trials, as is the case with the Brazilian Supreme Court.

The realm of intellectual property laws is also undergoing significant churning because of artificial intelligence-obtained inventions for which the legal domain on grating patents is yet to be sketched lucidly (Hu 2019 ). The primary asset of artificial intelligence is its sapience and longstanding memory. In the day and age where concerns encircling privacy are holding the centre stage, the implementation of the right to be forgotten, a judicially recognized right across jurisdictions rooted in the conceptualization of the right to privacy, becomes problematic in artificial intelligence-driven times (Villaronga 2018 ). The age of deep fake videos, which are essentially a product of artificial intelligence and machine learning techniques invading privacy and are riddled with criminality due to rampant superimposition of someone’s face on different content to produce pornographic imagery, lays bare the challenges posed by artificial intelligence for courts to adjudicate (Medvedeva 2020 ). The decision-making in courts is susceptible to being predicted () based on which direction a court is likely to rule on a group of cases based on specific patterns as an experiment in this regard is briefly undertaken on the decisions of Turkish constitutional courts and proved to be compellingly successful (Hsieh 2021 ). Legal judgment prediction is happening, and it is done through machine learning techniques (Hsieh 2021 ). This is the harbinger of times to come and is a forerunner of the changing realms of technological interventions (Goel 2019 ).

Block chain interpolation in court’s administration and justice dispensation

Given the enormity of block chain’s trailblazing intervention on the technological front, it breaks ground for a game-changing and path-altering paradigm to tirelessly effectuate fair decision-making and encourage the spirit of procedural justice. The composition of block chain inheres to a matrix of various algorithms that ensure the fairness of decisions through the consensual procedure (Smorgunov 2018 ). The quintessential feature of any legal system is the confidence it encourages and espouses. In that backdrop, block chain comes in handy to achieve that end. The technological interruption paved the way for creating a confidence machine system that eradicates the trust deficit and brings forth faith-inspiring and trust-strengthening block chain-based systems. The block chain system espouses the confidence reposed in the technology and diffuses the inherent misgivings and inhibitions propelled by the technological revolution (De Filippi 2020 ). Therefore, the heightened concerns of mistrust and government apprehensions can be efficaciously rooted out for the strength of confidence, inspiring a decentralized operational framework of the block chain (Bhutta 2021 ). It becomes pertinent to underscore an armload of legal transactions that can be carried to action over a block chain network.

Given the emergence of widespread and far-reaching online contracting predilections, the intervention of block chain to enable law as a service becomes felicitous and timely. If the edifice of online contracts is erected and stored on block chain networking, any subsequent breaches will become easy to flag, identify, and address (Wasim 2017 ). The usufruct of a technological tour de force like block chain helps access an armload of legal services intimately associated with the justice system. Technology in law paves the way for the inauguration of a new dimension rechristened as Legal tech, which underscores the ideation of intercalation of new and emergent technologies to the discipline of law (Salmeron Manzano 2021 ). This legal and technological embrace and intertwining is a palatable proposition to untangle the tenebrous areas of legal discipline.

Through Fig. 5 , the authors have emphasized and highlighted the concerns evoked by implementing block chain in the court’s administration. These concerns are germane and typify the response the court will have to give while integrating block chain into the system. The paradigm of internet courts for ensuring a justice delivery model incorporates a block chain model to undertake burdensome evidence-gathering exercises as has been put to use in China. In the face of a massive onslaught of digitized ecosystems owing to COVID-19’s compelling circumstances, courts are fundamentally impelled to transcend and transform themselves into a cyber-environment (Tahir 2021 ). Considering this, digital forensics could be underway in a blockchain-secured network to discover, protect, and investigate the evidence. The same could ensure a watertight process and obviate evidence tampering (Chopade 2019 ). Access to justice is a solemn constitutional promise of any sound justice delivery system but the same stands stymied due to various reasons. The inception of crypto currencies (Brown 2016 ) and new avenues of the justice delivery system will help assimilate dispute resolution through the block chain system. The longstanding barriers of high litigation fees, litigation costs, access to courts, etc., can be amicably resolved by an automated smart contract formation mechanism (Brown 2016 ). Creating a contract will appositely pre-empt the forcible entry of litigations, thus reducing the burden of courts and helping assuage the justice delivery process (Goldenfein 2018 ). In the legal setting, block chains have been conceived of as having the potential to revolutionize registries for assets ranging from land to intellectual property, modernize clearing and settlement, and even radically reform the process of contracting (Dylag 2021 ). The proper implementation of block chain in justice delivery has already seen the light of day and is popularly celebrated as Justice Chain, which helps facilitate the administration of justice. It allows the end user client to help audit the case information and enhance user participation (Low and Mik 2020 ).

Blockchain’s concerns in court’s administration.

When it comes to enforcing and executing copyrights in the modern environment of copyright law and technology, two significant problems need to be considered: firstly, the difficulty of proving authorship or ownership of a copyright, and secondly, the difficulty of conducting copyright transactions. Block chain development has made it possible to find solutions to both of these problems. To begin, using block chain technology in conjunction with the Interplanetary File System (IPFS) is a unique mechanism for the authentication of copyright claims and the preservation of documents. This technique gives authors (the owners of copyrights) the ability to demonstrate that they are the authors of their works and that they hold copyrights.

Nevertheless, this system for copyright authentication and document preservation may not be helpful in the foreseeable future.

The primary reason is that the computer software utilized may be upgraded in future years. Second, the use of smart contracts in conjunction with the Ethereum Block chain has the potential to cut the costs of transactions while simultaneously increasing the effectiveness of copyright transfers and licensing deals. Nevertheless, there are still a lot of legal questions that need to be answered about smart contracts. These problems include identifying the contracting parties within the anonymous block chain network, addressing scenarios in which both parties want to amend the smart contracts implemented, explaining code-based smart contracts, and establishing an internal dispute resolution mechanism. Users of block chain technology can maintain their anonymity, and their activities on the block chain are almost impossible to track down. This is in contrast to the standard transmission control protocol/Internet protocol network, which makes it possible to trace any activity. Even though it is highly improbable that block chain technology will become a hub for copyright violations on its own, the combination of the Ethereum Block chain, the IPFS, and smart contracts might turn the entire process into a hub for copyright violations. As a result, this circumstance raises significant concerns over the infringement of intellectual property rights on the block chain. The copyright system must handle this challenge in the current wave of block chain technology deployment (Sung 2020 ).

Digital twins and justice dispensation: unleashing the technological apparatus

Digital Twins reflects the ground-breaking and watershed technology-driven growth the world has seen. It is symptomatic of the changing tunes of digital times. It reflects a symbiotic integration of physical and digital spaces. The everlasting impressions of the technology will ensure a string of fitting reverberations in academia and industry (Belchoir 2019 ). The legal industry can also incorporate digital twins as an essential cog in the wheel of justice transformation. The digital twin technological intervention offers a uniquely engineered digital apparatus where the digital twins bear the capacity to assess their state and then communicate the experiences assimilated afterward (Haag 2018 ). Given digital twins’ wide-ranging and penetrating reach in revamping the entire cyber ecosystem and enabling cyber-physical expertise, it is the hottest technology-driven trend (Hartmann 2021 ). The court’s administration is founded on trust, efficiency, probity, and honesty. Transparency is the fundamental substratum of the justice delivery process. The intervention of digital twins in justice administration would be timely. Digital twins offer security enhancement to ensure a cyber-physical system (Eckhart 2019 ). Information is the essence of digital twins. Information is data, and a variety of data needs to be maintained, taken care of, and processed.

Digital twin comes in handy to achieve it (Qi 2021 ). The ebb and flow of information help to revise the multifarious ways to process the same in a security-proof environment. The interpolation of digital twins in the legal arena would require aborting the leakage of data and minimizing the risk of decision-making, and that’s precisely what digital twins offer (Wang et al. 2022 ). The information describes an individual’s actions, thus providing an essential tool for predicting and designing one’s efforts. At this juncture, the issue of privacy becomes germane. If digital twins are to handle, process, and possess data, then what could be the dataveillance and trustworthy approach becomes fundamentally imperative (Wang 2021 ). The legal concerns are pertinent, far-reaching, apt, and nerve-wracking when juxtaposed with an individual’s right to process, preserve, and employ one’s data, the inseparable components of privacy. Among the tall concerns, a few that stand out right on top are the protection of personal data, the cherished civil liberties about rights and freedom, issues of liability, and prevailing concerns about data security (Bundin 2022 ). Law is a domain of documentation and compliance. Incorporating digital twins in the legal realm would ensure the automatic and efficient processing of documents, significantly augment legal operations’ efficaciousness, and perpetuate legal governance (Perez 2020 ).

The intervention of Robots/RPA/Drone apparatus in influencing the administration of courts of justice

Justice should not only be done but must also be seen to be done, is a common judicial refrain that is almost a hackneyed adage across court administration. The robotic and drone intervention in justice delivery brings fresh air. A robot is an intelligent system manufactured and calibrated to operate on a set of algorithms. The legal consequences are real, consequential, and tangible (Perez 2020 ). Robots engage in dialogical action, thus making the interactive space lively and socially aware. Robotic Process Automation (RPA) is a software technology that aims to streamline the development, implementation, and administration of software robots that imitate human behaviors and engagements with digital systems and software.

The robotic technology model has had its share of dalliance with the legal domain. The artificial intelligence-backed system machinery has gained traction in the legal profession. Therefore, RPA becomes important to understand, considering how the robots act and the significance of the actions done in the robot’s hands will go a long way in adjudication the causes that may end up tomorrow before the courts of law. More importantly, the question of liability for the robotic action is a perennial bone of contention to be addressed firmly by justice and legal systems worldwide.

The ‘legal use,’ ‘perceived ease of use,’ and ‘perceived usefulness’ form the substratum of robotic interpolation in legal machinery (Jones 2017 ). The ever-emerging technologies like artificial intelligence, robotic process automation, and robotic intelligence pose a severe challenge to the national defense infrastructure, individuals’ privacy, and business sanctity. It requires a wholesome overhaul for which cyber governance is substantially ineluctable and imperative (Xu 2022 ). The applicability of robotics to the legal domain is relevant to assessing the environment’s dynamics. Thus, for robotics to apply squarely to the legal realm, the legal theories and jurisprudential approaches affecting, shaping, and designing legal transactions become inevitable. The interaction of law with robotics occurs in intellectual property, hardware and software issues, privacy concerns, liability principles, and risk management. The client-attorney confidential communications, which thus far have taken place in physical settings, bear the potential to revamp themselves to online environments. Integrating technologies into justice administration could also lead to a techno-legal revamp where robots may give confidential legal advice, equally efficacious as an attorney in a physical environment (Calo 2013 ).

Through Fig. 6 , the authors have impressed upon how the concerns evoked by robotic process automation intervention in human affairs pose questions of far-reaching importance. These concerns are intertwined and consequently influence courts’ administration and justice dispensation. Robo-justice is a new domain that will slowly come to action with the vigorous interface of law with technology (Zekos 2022 ). The artificial intelligence measures will be so collectively implemented that they can create an independent dispute resolution process to see robot judges’ presence.

Legal concerns during RPA times.

The robot judges will have the robotic process automation to handle and go through every legal documentation before the step of judgment delivery arrives at the center stage. The practice of artificial intelligence intercalation to help robot judges arrive at fair decision-making and ensure the conflict resolution process is being adopted in some places to achieve speedy settlement of disputes as practiced in China (Emarkova 2022 ). Drones’ intervention in assisting crime detection and evidence gathering will go a long way to ensure immaculate justice dispensation flow and a robust court administration. The drones can help cover a wider area and assist in the pictographic and video graphics collection of essential pieces of information (Wang 2020 ). The bleeding edge technologies are reforming, redesigning, and animating the justice administration and court’s administration at full throttle to enhance justice delivery.

Administration of courts in metaverse times: repurposing the sinews of courts

Metaverse is an embodiment of an immersive internet experience where physical reality engages in dynamic confabulation with digital virtuality embarked upon by an inexorable amalgamation of technologies (Sparkes 2021 ). The inception of Metaverse offers a potpourri of exciting avenues and unseen consequences. The expression of a three-dimensional setup where a digital avatar of an individual, i.e., a metahuman creator, would perform duties in the cyber realm is the augury of the riveting times ahead (Fang 2021 ). Metaverse represents mixed reality, virtual reality, augmented reality, extended reality, virtual worlds, and multiuser virtual environments (Mystakidis 2022 ). With the changing digital landscape marked by the entry of a new cyber environment, the effect on the legal realm needs to be revisited. The primary question that comes to the forefront is about the legal personality of the digital avatar of an individual on the Metaverse and who shall be held accountable for the actions committed on the Metaverse (Cheong et al. 2022 ). Since the user’s mind accentuates the actions committed, examining the digital avatar’s liability structure in case of untoward and illegal consequences becomes essential. Metaverse offers a challenge to justice dispensation as it makes a marked intervention and a whiff of disturbance to the status quo of the justice system (Kasiyanto et al. 2022 ).

The principles of criminology have undergone a massive change. Metaverse bear the potential to open a new window for criminal interventions, and they create a separate society different from the physical realm, thus urging a desirable ponder for the application of laws (Laue 2011 ). With the burgeoning growth of Metaverse, the associated and concomitant legal challenges have also hogged the limelight. The tentacles of Metaverse abuse are already seeing the light of day. The Metaverse carries enormous potential to spike the cases of sexual harassment to an unprecedented level, and countries like the US are fighting tooth and nail to reform their laws (Analytica 2021 ). The risks associated with the Metaverse ecosystem are genuine and are a new marketplace for potential abuses for the board of directors, accountants, auditors, and forensic accountants. Trolling in the cyber ecosystem is common, and with Metaverse gaining momentum, the same offers a thorny challenge for the entire legal system to counter. It becomes essential to gauge the reach of the Metaverse attacks and correspondingly prepare a mitigating mechanism to militate against its purported abuses (Smaili 2022 ).

The protection offered to Intellectual Property Rights takes a heavy beating in an all-pervasive and unchartered Metaverse environment. Amongst a slew of issues, the most important is copyright protection. The gigantic cosmos of the Metaverse poses a threatening challenge to copyright protection and requires tangible protections for computer-generated video programs, designs, paintings, music, and architecture (Kim 2021 ). The importance of privacy for human existence is unarguably critical. With Metaverse opening the gateway to a second life where social interactions, openness, and transparency are the norm, the consideration for privacy is a thorny issue. It becomes crucial to see how the emergent boundless Metaverse space addresses the heightened and valid privacy concerns (Leenes 2009 ). It is genuinely axiomatic to suggest Metaverse is a complicated social construct in the realm of an unchartered immersive internet universe.

European Union legislative architecture for artificial intelligence act (AIA)

To articulate the legal concerns expressed on the aforementioned issues, the authors deem it essential to mention how the legislative role-playing is shaping to address the technological challenges. Considering these challenges, the authors have examined the European Union’s attempt to draft a legislative framework regulating the unceasing interpolation of AI-laden technologies. The European Union has understood the challenges posed by the technological intervention led by AI and, in this regard, come up with harmonized rules for governing AIA (Floridi 2019 ). The rules came into effect on April 21, 2021 (Svantesson 2022 ). It has become imperative to structure the rules, given AI possesses the tremendous capacity to reshape individual lives, societies, and the environment (Roberts et al. 2022 ). The EU rules aim to ensure that AI’s development is ethically sound, legally acceptable, socially equitable, and environmentally sustainable, with a vision of AI that seeks to support the economy, society, and the environment (Floridi 2021 ). The entire EU proposal is based on the vision to generate a secure, trustworthy, ethical, and reliable AI (Neuwirth 2022 ). It classifies AI systems into three danger levels, each with its constraints and requirements. AIA aims to harmonize digital progress with fundamental rights and European values (Raposo 2022 ).

AIA bans specific specified uses of AI systems which are reflected in Article 5 of AIA, which includes subliminal manipulation by manipulative AI systems (Article 5), biometric systems through remote biometric identification (Article 5), and social scoring, by private companies (Article 5). Some AI systems have been decidedly banned for their massive implications on the fundamental and civil rights of the people. To ensure data protection, Article 10 AIA has been incorporated to enhance data protection and data governance (Article 5). Several methods for improving privacy, such as differential privacy, purposefully include noise into datasets to prevent the accidental publication of sensitive information (Dwork and Roth 2014 ). Even though AI providers are required to employ data governance measures that shall be a concern, in particular, “inspection because of probable biases,” the proposal fails to explain the concept of “bias” (Article 10). It’s good that Art. 13 AIA mandates openness for potentially dangerous AI systems. The human oversight specified in Article 14 of the AIA cannot be implemented. First, the need for a human to fully appreciate the capabilities and limitations of a high-risk artificial intelligence system (Article 14(4) (a) of the AIA) is not realistic for some AI systems, which could lead to an indirect ban on the use of such systems.

The AIA lacks effective enforcement procedures since it relies on AI providers’ internal self-assessments of high-risk AI systems. AIA establishes the European Artificial Intelligence Board aims to standardize AIA implementation but gives EAIB no enforcement authority. It becomes a paperless tiger with no substantive role but to issue opinions and recommendations. The Artificial Intelligence Act (AIA) does not include any provisions regarding legal liability for harm caused by AI systems. The AIA does not include any requirements for the protection of individual rights. Even though the rule is supposed to protect fundamental rights, it does not have any remedies that persons can use to seek redress if the regulation is violated.

Recommendations

Considering the extensive review and a vigorous dissection of issues touching upon the technological interface and consequent interaction with the judicial infrastructure, it is axiomatic to lay the groundwork for a series of suggestions without further ado. Through Fig. 6 , the authors have envisaged a technological cosmos where the stakeholders of court administration and justice dispensation would be interconnected through bleeding-edge technologies, leading to a massive revamp of the court’s administration. Authors have attempted to bring suggestions under some specific heads, which are as follows:

Confidentiality, transparency, and integrity

The cornerstones of the principles of administration of justice are confidentiality, transparency, trust, efficiency, integrity, etc., in decision-making and justice dispensation machinery. The judicial activities are time-consuming, cumbersome, and oftentimes part ways with confidentiality, posing an affront to integrity. The voluminous paper trail makes the court’s administrative work unwieldy. The technology wave may provide a sense of ease and calm to overcome and stave off the crisis centering on the justice administration. Incorporating technologies like artificial intelligence, machine learning, cloud computing, IoTs, and block chain may help provide the necessary answers. Block chain is the epitome of decentralized confidence machinery. For access to justice which is an SDG to see the light of day, the authors opine that block chain intervention married with artificial intelligence would augur well for any country’s administration of courts.

Data integrity, data leakages, and data interception

There is a popular misconception that the onset of technology is in enmity with data protection. However, the stark reality is the opposite. For a robust data integrity regime to prosper, for data leakages to be nipped in the bud, and for data interception to become a thing of the past, the technology embrace is the way ahead. Technological aversion would not do well for the judiciary. Any technological tool unless tested, tried, reviewed, and analyzed would never come even within the farthest vicinity of justice administration. But the imagination embedded in the SDGs where conception of resilient digital infrastructure is espoused reflects the global aspirations of the times. Unless the proposed usage of Industry 4.0 technologies is robustly upheld, its interaction with the justice administration would be attenuated.

The court’s administration can check all the above vices at the door if time-lasting and watertight technological apparatus like block chain, digital twins, AI, cloud computing, drones, etc., are combined to augment the courts’ administration. The cyber-physical system may prove to be a game changer in reforming, revitalizing, and revivifying the justice dispensation structure. Unassailable deep learning, pre-judgment analysis, data protection through confidence machines, etc., is the road ahead. The technology ensures data integrity, avoids data leakages, and provides no interception. Arguendo, if an interception is to take place, the system enjoys the capacity to lay bare any malicious interventions.

This is the blessing of technology the judiciary should adopt to bolster justice dispensation and revamp the court’s administration. It is about time to bring a slew of measures, the biggest of which would be to pass a robust and watertight Data Protection Law eliminating any chances of data misappropriation. The same would inspire confidence in the judicial marriage of the technological arsenal, thus strongly reforming the court’s administration.

The high-octane privacy concerns

Privacy is the nerve center of any constitutional document and is a lodestar in civil liberties. With the rapid technological pace, privacy finds itself on the razor edge. The concoction of digital technology apparatus, including cloud computing, Metaverse, digital twins, IoTs, big data, etc., poses a severe challenge to privacy concerns. Privacy reflects the individual’s dignity and inheres to the right to self-preservation and self-demarcation. Technology remembers and never forgets. Artificial intelligence invokes deep learning, and protecting the right to remain forgotten becomes a herculean challenge and a figment of one’s imagination. Data is information, information is a mine, and the wellspring of information bears the capacity to unravel even the unknown covert patterns about the individual’s life if the information is obtained with the aid of a high-end digital apparatus. Courts’ administration will be best placed if the privacy concerns are given a fitting acknowledgment. In the author’s recommendatory opinion, technology is here to stay, so there is no intelligence in skirting the issue and delaying the onset of the same. The honest answer lies in accepting the technological landscape and initiating time-relevant reforms. The courts of justice can be truly revamped, and privacy could well be preserved and protected by genuinely understanding the shining potential of these technologies and implementing the same with know-how, skills, and insight. This, in the final analysis, would enhance the justice dispensation process (Fig. 7 ).

Judicial administration in an integrated technology network.

Smart courts

Systems intelligence in the new computing age can genuinely come home once implemented with all efficacies to enhance and amplify the justice dispensation machinery. For the same to occur, the symbiotic interaction of technology with the law is the need of the hour. Courts can essentially make justice available to all stakeholders at the nook and corner of the country if the vitality and vibrancies of the justice system can truly see the light of day. The intervention of robotics and robotic process automation, keeping the insight of artificial intelligence in the backdrop, would serve the ends of justice. The experience of robotic intervention with justice delivery has been tried and tested, and the same should not be seen as a pariah. Robotic judges are the reality; pre-judgment analysis to assist judges in going through a stack of papers is essential, and automated opinion analysis would help achieve the goal of a speedy trial. The same would help give a fillip to speedy justice to enhance and bolster the principles of the administration of courts. Big data analytics carries the potential to help the court to fathom the clandestine patterns and words co-occurrence to iron out the kinks that come in the way of justice delivery. In the author’s humble opinion, the demands of the times warrant smart and intelligent internet courts that function with a symbiotic coalescence of technology and law.

Evidence gathering, scoping, and preservation

The substratum of a court’s evidentiary process entails a fundamental adherence to evidence protection, sheltering, and conservation. Justice is meted out after going through an assemblage of evidence collected and gathered by crime-detecting agencies. There are occasions where detection and collection of evidence becomes an uphill task, and therefore it poses an enormous challenge to obnubilate and derails the justice delivery exercise. In the author’s humble recommendation, drones and cloud computing intervention would do well to mitigate this end. Through the intervention of drones, law enforcement, and crime detection agencies can hover the drone over the crime committed to place and help click the pictographic and video graphics evidence. The same evidence can be stored in cloud computing. Big data analytics can then be implemented to unspool the intricately woven patterns for it to be made tamper-proof at the behest of block chain. The concoction of all the technology-laden processes will help augment the court’s administration and will essentially prepare the ground for justice to meet the demands of the times truly.

Technology-conducive legal processes amidst precipitating challenges

The challenges posed by technological interpolation are real. The germane concerns regarding technological excess in the legal domain cannot be disregarded. Technological interference in judicial decision-making, law-making, evidence gathering, evidence collection, and ultimately the involvement of lawyers amidst all is a significant issue. The challenges posed needed to be answered adequately. With law firms taking a crack at robotic participation in the absence of sentient robots, the issue of how far the technology will be able to understand the client’s emotions while delving into details of the problems is a tortuous process. The AI pre-obtained submission analysis leaves some scope for glitches and faults and is yet to be a watertight process. The benefits of experiences from China and Turkish courts are inspiring but leave much to be desired. The question of technology replacing lawyers and thus attenuating their analytical skills is pertinent. With zeal and zest behind the introduction of technology, the issue of lawyers becoming indisputably reliant on technology poses a challenge. The data aggregation, password protection, identity protection, etc., of the people involved in the legal process, is a crucial concern. Thus, the legal system must create technologies and assimilate those where the legal questions can be fittingly technologically answered to ensure technology becomes supplemental to the system and does not supplant the same.

SDGs have provided the framework to every nation and every field to boost its infrastructure and other elements for providing a sustainable future. Affordable and accessible justice and resilient infrastructure for court administration and management are a few of the key areas where sustainability is important for the judicial system. Based upon this motivation, this study has reviewed the analysis of the significance, application, and challenges in the scenario of Industry 4.0 integration in court administration. Moreover, it has identified, that there is no study yet that emphasizes the industry 4.0 integration for court administration in technology and sustainability aspects. In the final, the study identified significant findings that can assist and boost the researchers to have a knowledge and pathway for implementing the industry 4.0 technology in the administration of courts. Smart Courts, Evidence Gathering, Scoping, and preservation, Technology-conducive legal processes amidst precipitating challenges, Data Integrity, Data Leakages, and data Interception are the key identified concerns for future work.

Data availability

Data sharing is not applicable to this article as no datasets were generated or analyzed during the current study.

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Acknowledgements

The authors wish to thank Uttaranchal Institute of Technology, Dehradun Lovely Professional University, Phagwara, Doon University and SR University, JIS College of Engineering and Tshwane University for all support.

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Uttaranchal Institute of Technology, Uttaranchal University, Dehradun, 248007, Uttarakhand, India

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Lovely Professional University, Phagwara, Jalandhar, Punjab, 144001, India

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Department of Electrical Engineering, JIS College of Engineering, Kolkata, 741235, India

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H.B: conceptualization, writing-original draft, writing-review and editing investigation. R.B: conceptualization, writing-original draft, writing-review and editing investigation. S.S: conceptualization, writing-original draft, writing-review and editing investigation. R.S: conceptualization, writing-review and editing, supervision. A.G: writing-review and editing, supervision; S.V.A: writing-review and editing, supervision; L.R.G: writing-review and editing, supervision; A.K.T.: writing-review and editing, supervision; N.P.: writing-review and editing, supervision; B.T.: writing-review and editing, funding acquisition, supervision. All authors have read and agreed to the published version of the manuscript.

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Bhatt, H., Bahuguna, R., Swami, S. et al. Integrating industry 4.0 technologies for the administration of courts and justice dispensation—a systematic review. Humanit Soc Sci Commun 11 , 1076 (2024). https://doi.org/10.1057/s41599-024-03587-0

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DOI : https://doi.org/10.1057/s41599-024-03587-0

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This chapter explores the roles served and the functions provided by American courts at each of the four levels of courts. Arguing that form follows function and function is linked to form, it describes in detail the services that each level of court provides, from trial courts of general jurisdiction’s emphasis on dispute resolution, law enforcement, administrative oversight, sanctioning powers, and procedural supervision to the error correcting and policymaking functions of appellate courts. Finally, it explores and answers the question of why it is that the United States, more so than other countries, depends so much on courts of law to provide essential legal functions.

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