The current debate on the role of AI in the constitution-making process raises many questions, bearing in mind the divergence between the myth and the reality of constitution-making. While almost 15 years ago the iPad Constitution (Hungary 2011) and the Facebook Constitution (Iceland 2011) illustrated the impact of technology on constitution-making, the debate on the potential of an AI constitution has only just begun. Based on a preprint by Richard Albert and Kevin Frazier on ‘Should AI Write Your Constitution?’ (U of Texas Law, Legal Studies Research Paper, 2025), the presentation focuses on questions of legitimacy and the role of constitutional law in a society. In this context, the potential of AI legal text production and the impact of AI on language and law in general will be explored. The presentation will also address the function and methodology of comparative constitutional law in the constitution-making process.
Konrad Lachmayer is Professor for Public Law, European Law and Foundations of Law in the Faculty of Law at Sigmund Freud University (SFU) in Vienna.