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Record W2018322449 · doi:10.7202/043805ar

Standards of Judicial Review : Is it Time to Change our Analysis ?

2005· article· en· W2018322449 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.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
venuePublished in a venue whose home country is Canada.

Bibliographic record

VenueLes Cahiers de droit · 2005
Typearticle
Languageen
FieldSocial Sciences
TopicOmbudsman and Human Rights
Canadian institutionsCanadian Bar Association
Fundersnot available
KeywordsMantraDeferenceInjusticeDisciplineJudicial deferenceLaw and economicsLawJudicial reviewPolitical scienceSociologyPhilosophy

Abstract

fetched live from OpenAlex

The notion of a pragmatic and functional analysis has become a mantra in administrative law, producing three technical standards of review, one of which is selected at the start of virtually every case. All technical concepts tend to outlive their utility and, it is suggested that the current one should now be reconsidered. There is no doubt that courts must apply different degrees of judicial deference to various types of decisions. However, just as the old distinction between judicial and administrative acts ceased to be helpful in most matters, without ever totally disappearing, the present categories are losing their utility and, if unmodified, might produce an unduly technical and formalistic system of law. It is, in particular, questionable whether these concepts work well in certain specific fields — in disciplinary law, for example and in disputes involving fundamental rights. The issue of „expertise“ in such matters is far from easy and may often generate injustice.

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)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.493
Threshold uncertainty score0.996

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0050.000

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 head0.024
GPT teacher head0.326
Teacher spread0.302 · 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