Technological management and the Rule of Law
ABSTRACT This article is a sequel to 'In the Year 2061: From Law to Technological Management' Its purpose is to consider whether, and if so how, the Rule of Law together with the Fullerian principles of legality might be applied to a regulatory environment that is technologically managed rather than rule based. Four organising questions are posed, concerning: (i) the compatibility of the 'instrumentalist' nature of technological management with the Rule of Law; (ii) the way in which compliance with the Rule of Law might function as the test of whether the use of technological management involves an abuse of regulatory power; (iii) the applicability of the spirit of the Fullerian principles of legality to the use of measures of technological management; and (iv) the further conditions that a moral community might wish to specify (as part of the Rule of Law compact between regulators and regulatees) with regard to distinctively the use of technological management.