LEGAL AND POLITICAL DIMENSIONS OF SMART GOVERNANCE IN DIGITALIZING PUBLIC ADMINISTRATION


Oğuzhan M.

13TH INTERNATIONAL ARTEMIS SCIENTIFIC RESEARCH CONGRESS, Bucuresti, Romanya, 28 - 30 Ağustos 2025, ss.615-626, (Tam Metin Bildiri)

  • Yayın Türü: Bildiri / Tam Metin Bildiri
  • Doi Numarası: 10.30546/19023.978-9952-8589-7-6.2025.0027
  • Basıldığı Şehir: Bucuresti
  • Basıldığı Ülke: Romanya
  • Sayfa Sayıları: ss.615-626
  • Kayseri Üniversitesi Adresli: Evet

Özet

Smart governance refers to a more effective, efficient, and transparent approach to governance through

the integration of digital technologies and AI-based systems into public administration processes.

However, this transformation also presents various legal and political challenges. First and foremost,

data privacy and personal data protection are among the most fundamental legal issues in smart

governance mechanisms. The use of big data analytics in public administration processes necessitates

the processing of information about individuals' private lives, necessitating various legal regulations at

the national and international levels. Legislation such as the European Union's General Data Protection

Regulation (GDPR), in particular, is among the legal frameworks that must be considered in smart

governance applications. Furthermore, the accountability, transparency, and impartiality of

algorithmic decision-making processes constitute a critical dimension not only in terms of legal but

also political legitimacy. The role of AI-enabled systems in the delivery of public services directly

impacts citizens' political participation, their trust in the state, and the perception of the legitimacy of

the government, in accordance with the principles of democratic governance. However, existing legal

systems may fall short in preventing algorithmic biases and determining legal liability for AI-based

decisions. Furthermore, the concept of cybersecurity is gaining increasing importance due to the risks

posed by smart governance practices to national security. Cyber threats posed by the digital

infrastructures of public institutions are redefining the state's understanding of sovereignty and

political security strategies. In this context, states need to revise their cybersecurity laws and

strengthen international cooperation to protect data sovereignty. Therefore, the need for legal updating

emerges as a crucial issue due to the dynamic nature of smart governance processes. Existing legal

frameworks struggle to adapt to rapidly evolving digital technologies, increasing the need for new

regulatory mechanisms in public administration. Similarly, the digitalization process necessitates

rethinking the legitimacy, representation, and democratic participation mechanisms of political

systems. Consequently, smart governance presents not only opportunities but also various legal and

political challenges. Therefore, comprehensive regulations in areas such as data protection,

accountability, cybersecurity, political legitimacy, and legal reform are necessary to secure digitalized

public administration processes. This study examines the legal and political dimensions of smart governance practices and discusses the key challenges faced in terms of data privacy, accountability,

cybersecurity, and legal regulations.

Keywords: Smart Governance, Digital Public Administration, Legal Regulations, Political

Legitimacy, Accountability. Political Participation.