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Record W1849557891 · doi:10.59962/9780774816762-004

Rationalizing Judicial Power: The Mischief of Dialogue Theory

2010· book-chapter· en· W1849557891 on OpenAlexaffabout
Grant Huscroft

Bibliographic record

VenueUniversity of British Columbia Press eBooks · 2010
Typebook-chapter
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsWestern University
Fundersnot available
KeywordsPower (physics)Political scienceLaw and economicsLawSociologyPhysics

Abstract

fetched live from OpenAlex

The Charter of Rights and Freedoms has become the dominant feature of the Canadian Constitution, and the power of the Supreme Court of Canada has grown enormously in the twenty-five years since the Charter was entrenched. The Court is the self-styled guardian of the constitution, and the other branches of government have acquiesced in its claim to the mantle. Few see any distinction between the Court and the Charter itself: the Charter's vaguely worded rights and freedoms are supposed to mean whatever the Court says they do. Dialogue theory rationalizes this world of judicial interpretive supremacy by exaggerating the power of the elected branches to respond to judicial decisions striking down legislation. The 'dialogue' Canadian theorists have in mind is one in which the Court is free to interpret the Charter as it will, while Canadian legislatures are required to adopt the Court's interpretation and act within such parameters as its decisions allow. But this is not a dialogue in any meaningful sense. Canada's experience with the regulation of tobacco advertising demonstrates how misleading dialogue theory can be.

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)0.001
metaresearch head score (Gemma)0.000
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: Other · Consensus signal: Other
Teacher disagreement score0.899
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
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 science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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 head0.020
GPT teacher head0.217
Teacher spread0.197 · 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 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

Citations14
Published2010
Admission routes2
Has abstractyes

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