Document Type : Original Article
Authors
1
Assistant Prof, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran
2
Associate Professor, Department of International Law., Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
Abstract
The rapid advancement of digital technologies in governance, particularly in the areas of artificial intelligence, big data, and algorithmic decision-making, has introduced profound challenges to the foundations of public law. At the center of these concerns lies the principle of human dignity, which serves as the cornerstone of constitutional order and a normative constraint on the exercise of public power. This principle is increasingly threatened by phenomena such as depersonalized authority, opaque decision-making, statistical discrimination, and diminished accountability. This article adopts a descriptive–analytical and comparative approach to reassess the relationship between human dignity and smart governance within the framework of the Iranian public legal system. It first explores the philosophical and Islamic foundations of human dignity, offering a conceptual framework for the ensuing analysis. It then examines how selected legal systems, namely Germany, France, and Canada, have integrated dignity-based safeguards into their digital regulatory frameworks. The Iranian context is critically assessed in light of existing legislative, institutional, and procedural gaps. The article concludes by proposing a set of structural and normative reforms, including the enactment of a comprehensive AI law, the establishment of an independent algorithmic oversight authority, and the institutionalization of a meaningful right to contest automated decisions. The ultimate aim is to provide a normative and operational framework that aligns smart governance with the fundamental values of Iranian public law.
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