THE PROBLEM OF THE CONSTITUTIONAL AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE

Abstract

This article examines the constitutional and legal problems arising against the background of the rapid development of artificial intelligence (AI), as well as the new realities generated by digital transformation. It offers a comparative analysis of the advanced constitutional practices of countries such as Chile, Greece, Mexico, and Brazil in the regulation of AI.

Referring to the theoretical concepts of prominent international scholars such as Lawrence Lessig, Frank Pasquale, and Mireille Hildebrandt, the article explores the principles of “code as law” and “legal protection by design.”

At the same time, it interprets the fundamental threats posed by AI in the spheres of algorithmic discrimination, the privacy of personal data, and neuro-rights.

The article proposes the application of a strict liability model within the civil law system of Azerbaijan for the compensation of damage caused by AI and suggests recognizing AI as an “autonomous source of risk.” In conclusion, it advances strategic solutions aimed at ensuring that national legislation evolves on the basis of the principles of digital constitutionalism and that the supremacy of human will over program code is preserved.