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Record W2107459657 · doi:10.4337/9781784719135.00010

Constitutional dialogue and judicial supremacy

2018· book-chapter· en· W2107459657 on OpenAlexaboutno aff
Miguel Schor

Bibliographic record

VenueEdward Elgar Publishing eBooks · 2018
Typebook-chapter
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsPolitical scienceLegislatureNegotiationJudicial reviewConstitutional economicsLawConstitutional reviewDemocracyConstitutional lawPower (physics)Law and economicsSociologyPolitics

Abstract

fetched live from OpenAlex

This chapter examines constitutional dialogue by comparing a constitutional system that (almost) entrenches judicial supremacy—the United States—with a constitutional system that seeks to reconcile judicial with legislative supremacy—Canada. This chapter makes two arguments. First, if judicial will is checked by dialogue in constitutional systems as different as the United States and Canada, then claims that constitutional courts inevitably arrogate too much power thereby undermining democracy sweep too broadly. All polities that enjoy constitutional supremacy have formal and informal mechanisms that allow democratic actors to trump courts in some fashion. Second, there is considerable institutional variation in the mechanisms by which judicial will may be checked. Weaker courts are less likely to engender social conflict as they are more likely to facilitate negotiation and consensus over constitutional meaning.

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)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Scholarly communication, Insufficient payload (model declined to judge)
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.592
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.009
Scholarly communication0.0010.001
Open science0.0000.000
Research integrity0.0010.001
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 head0.038
GPT teacher head0.269
Teacher spread0.231 · 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; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
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

Citations2
Published2018
Admission routes1
Has abstractyes

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