Judicial Power and the Charter: Three Myths and a Political Analysis
Bibliographic record
Abstract
Does the Supreme Court exercise "too much" judicial power under the Charter?Consider that over 22 years (1960-1982), the federal Bill of Rights generated 34 Supreme Court decisions, five successful claims, and only one partial nullification of a federal statute. 1 During the same period, the number of constitutional decisions issued by the Court totalled 120, or less than six per year. 2 By contrast, over its first 17 years of operation (1982-1999) the Charter generated 390 Supreme Court decisions, 130 successful claims, and 63 nullifications of federal or provincial statutes. 3As these comparisons affirm, and as everyone acknowledges, the scope of judicial power has increased under the Charter.But has it increased "too much?"In September, 2000 the Chief Justice of Canada responded to those who might answer this question affirmatively by delivering a speech entitled "Judicial Power and Democracy." 4Noting the "global expansion of judicial power," the Chief Justice nevertheless argued that "[o]ur task is not to curtail
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How this classification was reachedexpand
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 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.002 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| 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 itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, 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".