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Record W2044755740 · doi:10.3138/utlj.58.1.75

RETHINKING THE DICEYAN DIALECTIC

2008· article· en· W2044755740 on OpenAlexvenueno aff
Matthew Lewans

Bibliographic record

VenueUniversity of Toronto Law Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLegitimacyParliamentary sovereigntyLawConstitutionConstitutional theoryPolitical scienceSovereigntyParliamentIdeologyConstitutional lawLaw and economicsSociologyPolitics

Abstract

fetched live from OpenAlex

This essay identifies a blind spot in administrative law theory concerning the legitimate legal authority of administrative institutions. More specifically, the essay examines the root cause of this blind spot, arguing that it is attributable to A.V. Dicey's constitutional theory, which asserts that the English constitution rests upon the legal principles of parliamentary sovereignty and the rule of law. Dicey argued that the existence of administrative law was precluded by the nature of the English constitution, because it assigned exclusive legal authority to either Parliament or the common law courts. The essay criticizes Dicey's argument on two separate grounds. First, it argues that Dicey's theory was empirically mistaken, because it does not adequately account for common constitutional practices whereby legal authority is delegated to administrative institutions. Second, it argues that one can gain a better understanding of Dicey's theory if it is recast as a contestable political statement regarding the legitimacy of the administrative state. By engaging with Dicey's controversial ideological assumptions, we can set the stage for a more elaborate and robust constitutional theory that can better explain and justify the legitimacy of administrative authority.

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)0.016
metaresearch head score (Gemma)0.018
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: Empirical · Consensus signal: none
Teacher disagreement score0.023
Threshold uncertainty score0.167

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0160.018
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0050.003
Science and technology studies0.0150.059
Scholarly communication0.0160.019
Open science0.0020.008
Research integrity0.0090.012
Insufficient payload (model declined to judge)0.0040.001

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 head0.032
GPT teacher head0.234
Teacher spread0.202 · 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
GenreEmpirical

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

Citations2
Published2008
Admission routes1
Has abstractyes

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