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Record W1837478881 · doi:10.29173/alr289

The Scope and Meaning of Reasonableness Review

2015· article· en· W1837478881 on OpenAlexaffvenueabout
Paul Daly

Bibliographic record

VenueAlberta Law Review · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicOmbudsman and Human Rights
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsScope (computer science)Supreme courtStandard of reviewMeaning (existential)Political scienceStatutory lawLawJudicial reviewContext (archaeology)Law and economicsSociologyEpistemologyComputer sciencePhilosophy

Abstract

fetched live from OpenAlex

This article draws attention to the post-Dunsmuir framework regarding the standard of review of administrative action and the Supreme Court of Canada’s reluctance to engage in grand theorizing about the general principles of judicial review. The article explores the uncertainty surrounding the application of the standard of reasonableness and what factors can or should be taken into consideration during its application. The article identifies four key problems — the scope of the post-Dunsmuir framework, the scope of its correctness category, the difficult relationship between the reasons given for a decision and the substantive reasonableness of the decision in question, and the emergence of difficult distinctions bedevilling the application of the reasonableness standard. Through identifying weaknesses in the current administration of reasonableness review, it is hoped that the courts, sooner rather than later, will adopt a unified approach for using the reasonableness standard of review.

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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.148
metaresearch head score (Gemma)0.214
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.148
Threshold uncertainty score0.783

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.1480.214
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0090.004
Science and technology studies0.0080.069
Scholarly communication0.0230.019
Open science0.0040.009
Research integrity0.0130.015
Insufficient payload (model declined to judge)0.0020.001

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 head0.052
GPT teacher head0.336
Teacher spread0.284 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

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

Citations0
Published2015
Admission routes3
Has abstractyes

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