Bibliographic record
Abstract
In 2000, the BC government sued 14 tobacco manufacturers pursuant to the Tobacco Damages and Health Care Costs Recovery Act. The Tobacco Companies challenged the constitutionality of the legislation, alleging amongst other things that the Tobacco Act violated the rule of law. In this paper, I begin by showing that the Supreme Court of Canada adopts a formal approach to the rule of law devoid of much substantive content. This, I argue, is in line with the views of Joseph Raz. I then argue that the Tobacco Companies' reliance on Raz's views for support in its claim that the Tobacco Act violates the rule of law is misguided. Far from invalidating the Tobacco Act, Raz's view can be understood to license it. In the last section of the paper, I show that a formal approach to the rule of law such as Raz's does not confine Charter interpretation.
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 imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.009 | 0.027 |
| Scholarly communication | 0.007 | 0.004 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.010 | 0.012 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".