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Record W1906128875 · doi:10.60082/2563-8505.1227

Canadian Federalism and the Principle of Subsidiarity: Should We Open Pandora's Box?

2011· article· en· W1906128875 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSupreme Court law review · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsSubsidiarityFederalismSupreme courtPolitical scienceLawCooperative federalismLaw and economicsGovernment (linguistics)SociologyEuropean unionEconomicsPoliticsPhilosophy

Abstract

fetched live from OpenAlex

Over the last 10 years, the Supreme Court of Canada has referred explicitly to the principle of subsidiarity even though it is not found in the federation’s formal constitutional structure. Two examples are found in the 2010 decisions COPA and Reference re Assisted Human Reproduction Act. As a result, this paper focuses on the role currently played by the principle of subsidiarity in Canadian federalism. More specifically, it identifies the actual and potential effects of this principle on the balance of power between the federal and provincial governments. The first part briefly examines the close ties existing, at the the oretical level, between the principles of subsidiarity and federalism. The second part considers the place given to the principle of subsidiarity in Canadian constitutional law, first as a notion underlying the adoption of a federal form of government, and the n as a legal principle for regulating the exercise of powers. The paper demonstrates that the cooperative view of federalism adopted by the Supreme Court has generated a large number of de facto overlapping powers, creating fertile ground for the discreet, but increasingly apparent, emergence of a constitutional principle of subsidiarity in Canada.

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.

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)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.986
Threshold uncertainty score0.866

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.000
Science and technology studies0.0010.001
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 head0.145
GPT teacher head0.364
Teacher spread0.219 · 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