The Italian Constitution Facing the Challenge of Artificial Intelligence

This contribution begins by emphasizing the indispensable centrality of the human person within the Italian Constitution, which is rightly characterized as “anthropocentric”. It then retraces the doctrinal interpretation and reconstruction that have identified, in the duty of solidarity (Art. 2 of the Constitution) and the principle of equality (Art. 3 of the Constitution), the cornerstones that enshrine responsibility as the necessary counterbalance to the free exercise of individual autonomy. Accordingly, it proceeds to examine the most recent developments in administrative and ordinary case law, as well as legislative interventions and the recent Government Draft Bill currently under approval, all concerning the issue of Artificial Intelligence. If employed in a manner that conflicts with constitutional principles, AI could, in fact, undermine the entire constitutional framework, insofar as the attribution of actions to a (human) subject would no longer be ensured.