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Record W1545588899 · doi:10.60082/2563-8505.1183

The Constitutional Status of the Supreme Court of Canada

2009· article· en· W1545588899 on OpenAlex
Warren J. Newman

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.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSupreme Court law review · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsConstitutionSupreme courtLawStatuteParliamentary sovereigntyPolitical scienceParliamentSovereign immunitySeparation of powersPolitics

Abstract

fetched live from OpenAlex

The Supreme Court of Canada was established in 1875 by a statute of Parliament that was enacted pursuant to its legislative authority, under section 101 of the Constitution Act,1867, to provide for the constitution, maintenance and organization of a general court of appeal for Canada. The Supreme Court Act is not one of the statutes included in the Constitution Acts, 1867 to 1982, and it is open to Parliament to amend the Supreme Court Act from time to time. Sections 41 and 42 of the Constitution Act, 1982 provide the means by which the Constitution of Canada may be amended in relation to the Supreme Court of Canada and the Court’s composition in particular. Both the 1987 Meech Lake Constitutional Accord and the 1992 Charlottetown Accord, had they been ratified, would have amended the Constitution Act, 1867 to entrench the Supreme Court and its basic composition. Notwithstanding the failure to amend the Constitution of Canada pursuant to the terms of either the Meech Lake Accord or the Charlottetown Accord, can it be argued plausibly that the Supreme Court, as Canada’s highest judicial body, has constitutional status? What are the implications of such an argument for the interpretation of the relevant provisions of the Constitution Act, 1867 and the procedures for constitutional amendment set out in the Constitution Act, 1982? What is the impact of unwritten constitutional principles, including the principles of parliamentary sovereignty and the separation of powers, on the question? Can a the ory be propounded that might recognize an inherent or essential constitutional status in respect of the Court, without fettering the legislative power of Parliament to modernize, from time to time, the Supreme Court Act, and without undermining the integrity of the formal processes of constitutional amendment or the coherency of the provisions of the constitutional texts the mselves? This paper examines those issues and hypotheses, and fashions some tentative responses.

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 imitation

Not 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.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.958
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.003
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.030
GPT teacher head0.291
Teacher spread0.261 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it