A recent forum convened by the Commonwealth Secretariat, as part of its ongoing Rule of Law Conversations series, ignited extensive dialogue surrounding the burgeoning intersection of Artificial Intelligence (AI) and the administration of justice. Held on Monday, 24 March 2025, the event served as a platform for legal practitioners, policymakers, academics, and other stakeholders to delve into the potential advantages and inherent complexities associated with AI’s integration into the legal domain.
The Commonwealth Secretary-General, the Rt Hon Patricia Scotland KC, underscored the Secretariat’s commitment to prioritizing the rule of law throughout its operational framework. Professor Luis Franceschi, the Commonwealth Secretariat’s Assistant Secretary-General, inaugurated the session by highlighting the escalating potency of AI, exemplified by a digital avatar that faithfully replicated his physical appearance, mannerisms, and vocal patterns.
Professor Richard Susskind OBE, a preeminent authority on the future trajectory of legal services and the Secretary-General’s Special Envoy for Justice and Artificial Intelligence, delivered the keynote address. He postulated that AI systems are poised for substantial enhancement in capability and a corresponding expansion in utility, emphasizing the accelerated pace of technological advancement observed recently. This perspective was further explored during a panel discussion featuring Lord David Neuberger, a non-permanent judge of the Hong Kong Court of Final Appeal and former president of the United Kingdom Supreme Court.
While the participants were interacting, Lord Neuberger said that AI models like ChatGPT have shown they can pass bar exams, which suggests they could be used to help people get legal advice and settle disagreements. He speculated that individuals might, in the future, opt for AI-driven justice mechanisms over traditional judicial processes while acknowledging the present improbability of such a scenario.
The discourse also addressed critical ethical considerations, including the determination of underlying ethical frameworks and the establishment of robust safeguards. The panel engaged in a comprehensive examination of the legal status of AI entities and the broader socio-political ramifications of technological integration. The panel also deliberated on the potential for AI to mitigate unlawful conduct, as exemplified by using self-driving vehicle technology to prevent speeding.
Fiona Rutherford, Chief Executive of JUSTICE, a law reform and human rights organization dedicated to fortifying the United Kingdom’s justice system, adeptly moderated the panel discussion. People in the audience asked good questions about what AI means for democracy, since people have different levels of digital literacy and AI systems could reinforce biases in society. Lord Neuberger acknowledged that these disparities would persist without concerted efforts to promote technological equity.
Furthermore, to ensure the reliability and validity of AI systems, legal professionals and judicial officers must cultivate the capacity to critically evaluate them. The Commonwealth Secretary-General said that everyone should get a lot of education so that they can keep up with the fast progress in AI. He also suggested that the best model would be one in which AI enhances human intelligence instead of replacing it.
The Commonwealth Secretariat’s initiative to facilitate this critical dialogue stems from a mandate issued by law ministers at the Commonwealth Law Ministers Meeting in Mauritius in November 2022. The ministers directed the secretariat to adopt a comprehensive strategy for AI within the legal sector, encompassing the scoping of emerging AI practices across the 56 member states and the development of guiding principles aligned with Commonwealth values. This ongoing endeavor underscores the Secretariat’s commitment to navigating the complex landscape of AI and its impact on the administration of justice within the Commonwealth.
