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Record W2120296895 · doi:10.60082/2563-8505.1061

Remedial Power of Administrative Tribunals

2004· article· en· W2120296895 on OpenAlexaff
Peter W. Hogg

Bibliographic record

VenueSupreme Court law review · 2004
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsYork University
Fundersnot available
KeywordsConstitutionalityLawTribunalCharterConstitutionPolitical scienceJurisdictionStatuteAdministrative lawJudicial review

Abstract

fetched live from OpenAlex

This paper examines the power of administrative tribunals to grant remedies for breaches of the Charter of Rights. That power is now extensive. Under the supremacy clause of section 52 of the Constitution Act, 1982, an administrative tribunal that has the power (express or implied) to decide questions of law can also decide on the constitutionality of laws, including even the constitutionality of provisions of its own enabling statute. Under the remedial clause of section 24 of the Constitution Act, 1982, an administrative tribunal that is deemed to be a “court of competent jurisdiction” (and most tribunals are) can award a declaration, injunction, costs, or other appropriate and just remedy, for breach of the Charter of Rights. Whenever an administrative tribunal grants a Charter remedy, whether under section 52 or section 24, it is subject to judicial review on a standard of correctness.

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)0.027
metaresearch head score (Gemma)0.059
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.027
Threshold uncertainty score0.145

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0270.059
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0060.002
Science and technology studies0.0110.023
Scholarly communication0.0150.009
Open science0.0050.013
Research integrity0.0080.011
Insufficient payload (model declined to judge)0.0190.004

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 head0.074
GPT teacher head0.395
Teacher spread0.321 · 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 designTheoretical or conceptual
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

Citations1
Published2004
Admission routes1
Has abstractyes

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