The Crisis of Safeguarding Equal Rights under Algorithmic Discrimination and the Constitutional Response

Abstract

In the course of constitutional law, I was deeply impressed by Professor Mao's lecture on the basic rights and equal rights of citizens. Among them, Professor Mao's analysis of the right to equality based on the different admission situations in each province through the college entrance examination further deepened my thinking on the right to equality. Now, combining the right to equality with the hot topics of the times, we will elaborate on the issue of safeguarding citizens' basic rights in algorithmic discrimination. In the digital age, algorithmic discrimination has become a new social governance challenge, challenging the traditional theory and practice of constitutional equality rights. The academic community has explored the basic theory of equal rights, infringement of rights, and regulatory pathways, with rich viewpoints. Algorithmic discrimination theoretically makes it difficult to achieve the value neutrality premise of formal equality, while substantive equality is trapped due to algorithmic characteristics. In practice, it leads to legislative lag, difficulties in administrative supervision, and difficulties in providing evidence and judgments for judicial relief. To address the challenges, it is necessary to establish a local guarantee path. Firstly, the state should fulfill its negative obligations, regulate the application of public power algorithms, including clarifying responsibilities, supervising the entire chain, and building an access list; The second is to update positive obligations and improve algorithmic governance systems to ensure equal rights and achieve a balance between technology and humanities.