Sometimes Constitutions are Made in the Streets: the Future of the Charter’s Notwithstanding Clause
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This article examines the future of section 33 of the Charter of Rights and Freedoms (the notwithstanding clause)1 — specifically, its po- litical future. It explores whether it is a consti- tutional instrument which is likely to be used in the future by legislatures or by Parliament.2 The article is premised on the idea that popular po- litical notions about political and constitutional legitimacy, while often formed by the constitu- tional text, sometimes evolve independently of the text. When this happens, these new concep- tions of legitimacy will constrain the exercise of constitutional powers no matter how clearly the powers are conferred by the text. From this per- spective, this article argues that in an apparent regime of entrenched rights, such as Canada’s, the legislative suspension of rights will be re- garded as less reflective of the constituted order — and, hence, less legitimate — than will hav- ing legislatures insist that their choices should prevail over constitutional rights in some cir- cumstances.
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.
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 | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.007 | 0.030 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.002 | 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 it