“Thank God We’re Here”: Judicial Exclusivity in Charter Interpretation and Its Consequences
Bibliographic record
Abstract
The Court has claimed the role of “guardian of the constitution”, and neither Parliament nor the provincial legislatures have claimed any authority where the Charter is concerned. On the contrary, they have factored judicial exclusivity in Charter interpretation into their political deliberations. This paper considers the notion that the judiciary is the only legitimate interpreter of the Charter — how it became established, and the impact it has had on public policy and the political process in Canada. The pending reference to the Supreme Court on same-sex marriage is considered as an example of the problems judicial exclusivity can cause.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.054 | 0.115 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.016 | 0.057 |
| Scholarly communication | 0.013 | 0.010 |
| Open science | 0.003 | 0.007 |
| Research integrity | 0.015 | 0.018 |
| Insufficient payload (model declined to judge) | 0.002 | 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 source (direct Gemma or distilled Codex), 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".