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Recognition or imposition? Federalism, national minorities, and the Supreme Court of Canada<sup>†</sup>

2008· article· en· W1604118981 on OpenAlexaffabout
Robert Schertzer

Bibliographic record

VenueNations and Nationalism · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsConestoga College
Fundersnot available
KeywordsFederalismSupreme courtJurisprudenceNew FederalismLawDialogical selfCooperative federalismPolitical scienceDual federalismSociologyLaw and economicsPoliticsEpistemologyPhilosophy

Abstract

fetched live from OpenAlex

ABSTRACT. This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accommodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement. I begin with the ‘problem’ of national minorities in the nation‐state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is important to account for the role of the Court when promoting federalism to accommodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this.

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 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)0.000
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: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.453
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.001
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 head0.038
GPT teacher head0.274
Teacher spread0.237 · 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

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations6
Published2008
Admission routes2
Has abstractyes

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