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After the Rights Revolution: Bills of Rights in the Postconflict State

2010· article· en· W2146649806 on OpenAlexaff
Sujit Choudhry

Bibliographic record

VenueAnnual Review of Law and Social Science · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsHuman rightsConstitutionalismLawPoliticsPolitical scienceFundamental rightsBill of rightsRight to propertyDemocracyState (computer science)International human rights lawReservation of rightsContext (archaeology)SociologyLaw and economics

Abstract

fetched live from OpenAlex

Bills of rights are now central components of liberal democratic constitutions. But debates over the character and content of bills of rights are no longer at the center of more recent rounds of postconflict constitutional politics. This review puzzles through the rise and decline, but persistence, of rights-based constitutionalism. Neither comparative constitutional law nor constitutional politics offers the answer. The literature on civil war settlement suggests that bills of rights serve two functions in postconflict constitutions: a regulative role to check the abuse of public power and a constitutive role to serve as the basis of a new constitutional identity. Bills of rights cannot do the work that is expected of them. Politicized judiciaries, constitutional underenforcement, and the ex post nature of judicial review undermine the ability of the bill of rights to serve as a credible commitment against future abuses of human rights. Moreover, the idea of a bill of rights as a source of shared political identity abstracted from a contingent political and historical context is unlikely to succeed in practice.

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)0.008
metaresearch head score (Gemma)0.016
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: Review · Consensus signal: none
Teacher disagreement score0.012
Threshold uncertainty score0.069

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.016
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.002
Science and technology studies0.0040.031
Scholarly communication0.0080.012
Open science0.0010.002
Research integrity0.0040.007
Insufficient payload (model declined to judge)0.0030.000

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 head0.014
GPT teacher head0.319
Teacher spread0.305 · 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
GenreReview

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

Citations16
Published2010
Admission routes1
Has abstractyes

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