CURRENT ISSUES OF CONSTITUTIONAL DAMAGES LITIGATION: A CONTEXTUAL ANALYSIS OF RECENT COMMONWEALTH DECISIONS
Bibliographic record
Abstract
The Privy Council judgments in James v Attorney General [2010] UKPC 23 and Graham v Police Service Commission [2011] UKPC 46 have advanced the constitutional damages jurisprudence not only in Trinidad and Tobago but also the Commonwealth since Attorney General v Ramanoop [2005] 2 WLR 1324 (PC). In their recent decision in Seepersad v Attorney General [2012] UKPC 4, their Lordships answered two crucial questions hitherto not contested in South Africa or any other Commonwealth court relating to a right to a constitutional remedy and a constitutional right to damages. They held that constitutional damages were the appropriate relief as against those cases where constitutional relief were sought in non-constitutional circumstances. The Supreme Court of Canada has equally contributed to the subject by holding in Canada (Attorney General) v TeleZone Inc [2010] 3 SCR 585 (SCC) that a claimant for Charter damages does not have to obtain judicial review before seeking such relief. This article argues that, while TeleZone has restored the citizen’s right of access to the courts by removing unnecessary procedural obstacles to Charter damages claim, the Privy Council has, through Seepersad, once more laid down principles which South African and other Commonwealth courts may freely refer to if and when similar issues arise in constitutional damages litigation in their jurisdictions.
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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 | 0.011 | 0.029 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.006 | 0.011 |
| Science and technology studies | 0.022 | 0.032 |
| Scholarly communication | 0.023 | 0.010 |
| Open science | 0.002 | 0.008 |
| Research integrity | 0.007 | 0.011 |
| Insufficient payload (model declined to judge) | 0.005 | 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".