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Record W1823843837

The Puzzle of Independence for Administrative Bodies

2008· article· en· W1823843837 on OpenAlexaffabout
Lorne Sossin

Bibliographic record

VenueSSRN Electronic Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsYork University
Fundersnot available
KeywordsImpartialityMandateIndependence (probability theory)Political sciencePoliticsLawAdministrative lawLegislatureAccountabilitySeparation of powersCommissionGovernment (linguistics)Law and economicsPublic administrationSociology
DOInot available

Abstract

fetched live from OpenAlex

This article explores independent administrative bodies, and their place in Canada’s political, constitutional and legal landscape. While these adjudicative, regulatory and accountability bodies have come to play an integral role in the lives of every Canadian, we tend to pay attention to them only when there is a problem or a headline grabbing incident. Allegations of political interference with Elections Canada, the Canadian Military Complaints Commission and the Canadian Nuclear Safety Commission by the Federal government have brought the puzzle of independence of these bodies into stark relief.The article treats each of these incidents as cautionary tales. These cautionary tales are part of a broader puzzle. All administrative bodies are, by definition, dependent for their existence on their legislative mandate. Further, these bodies are not free to adopt the mandate they believe is most appropriate, but must discharge the responsibilities provided to them. These bodies do not choose the people best able to carry out this mandate; rather, the executive controls appointments. Notwithstanding the significant ways in which these administrative bodies are dependent on government, however, they are nonetheless routinely declared by courts to be independent, and protected from political interference by common law procedural doctrines modeled after the constitutional principle of judicial independence.The recent confrontations show that there is little to compel Canadian governments to respect the independence of administrative agencies if they do not want to. They reveal the hard but important truth about independence in administrative decision-making: while the rule of law and principles of fairness and impartiality may require independence, only political leadership can sustain it. Political leadership created independent agencies in order to ensure that important areas of the public interest (such as governing fair and free elections, regulating nuclear power and overseeing military police activities) are served by people and institutions that are not caught up in partisan politics. Only political leadership can ultimately safeguard the independence of administrative bodies, so that they are free to pursue the public interest without partisan interference.

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)0.002
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 score0.219
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
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 head0.061
GPT teacher head0.361
Teacher spread0.300 · 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

Citations1
Published2008
Admission routes2
Has abstractyes

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