Bibliographic record
Abstract
In Charkaoui v. Canada (Citizenship and Immigration) it was unsuccessfully argued that the unwritten constitutional principles of the rule of law require a right to an appeal. While the notion of unwritten constitutional principles has received increasing recognition from the Supreme Court of Canada, the Court has yet to establish a clear methodology for discerning their meaning and juristic force. This is a problem because concerns about the legitimacy of judicial review are especially acute with respect to unwritten constitutional principles. This article argues that unwritten constitutional principles can be legitimately employed only if they are immanently derived from within the parameters set by the legal tradition. In all likelihood this approach cannot support the use of the rule of law as an independent basis for impugning the validity of legislation. However, I argue that an immanent reading of the rule of law shows the value of “reasonable justification” to be integral to Canada's rule-of-law tradition. Had the Court in Charkaoui given this value greater weight it might have been more alive to the way in which the IRPA singles out noncitizens, effectively subjecting them to de facto indefinite detention under the pretext of immigration purposes.
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 machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.015 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.032 | 0.056 |
| Scholarly communication | 0.015 | 0.004 |
| Open science | 0.004 | 0.003 |
| Research integrity | 0.011 | 0.018 |
| Insufficient payload (model declined to judge) | 0.002 | 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 source (direct Gemma or distilled Codex), 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".