Invalidity and Retrospectivity under the Irish and Canadian Constitutions
Bibliographic record
Abstract
The question of the temporal effect of a finding that a statute is unconstitutional has arisen in a number of common law jurisdictions. In any legal system that allows its superior courts to strike down legislation, certain practical problems will inevitably emerge. This article explains this aspect of Irish constitutional interpretation and compares the manner in which these difficulties have been addressed under the Canadian and Irish constitutions. It notes that the Supreme Court of Canada was required to address these practical problems directly at an early stage and thus developed a more doctrinally coherent approach to findings of constitutional invalidity than the Irish Supreme Court. The article goes on to analyze a recent decision of the Irish Supreme Court that has highlighted the difficulties with the approach adopted in that legal system and concludes with some reflections on the relative merits of the Canadian approach to findings of invalidity.
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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 | 0.032 | 0.080 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.007 | 0.008 |
| Science and technology studies | 0.018 | 0.064 |
| Scholarly communication | 0.015 | 0.006 |
| Open science | 0.003 | 0.007 |
| Research integrity | 0.004 | 0.008 |
| Insufficient payload (model declined to judge) | 0.003 | 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".