Bibliographic record
Abstract
By asking whether courts are entitled to rely on unwritten principles to place limits on legislative authority, this paper considers one aspect of that dynamic. An initial section frames the issue in blunt terms by asking whether the Supreme Court of Canada has engaged in lochnering that reviled doctrine of American constitutionalism. Accepting that Lochner v. New York was the product of certain historical and cultural dynamics, the example nonetheless places the relationship between the written word and the legitimacy of review in sharp focus. The two sections which follow the discussion of 'lochnering' examine the Supreme Court of Canada’s reliance on unwritten principles to interpret the Constitution in the Provincial Judges Reference, and the Secession Reference. In the first, the Court discounted the express provisions of the text in concluding that the preamble, as the “grand entrance hall to the castle of the Constitution” is the 'true source' of substantive commitment to judicial independence. Granted, it is part of the Constitution Act, 1867, still, the preamble had not previously been considered a source, much less the true source, of significant constraints on governmental authority. Not long thereafter, the Supreme Court provided answers to three questions posed by the federal government in the Secession Reference. Though ostensibly decided under the Constitution, the Court’s response to the hypothetical independence of Quebec relied on a series of unwritten principles in proposing that the rest of Canada as to ask the Court of a pronouncement on the politically charged question of secession, which has no textual presence in the Constitution. Even so, little in the Court’s response can claim any connection either to the text or to established principles of constitutional law.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.007 | 0.002 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".