Constitutional Realism About Constitutional Protection: Indigenous Rights Under a Judicialized and a Politicized Constitution
Bibliographic record
Abstract
This article assesses the comparative effectiveness of protection of indigenous rights Canada and New Zealand using a perspective of constitutional realism. The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past 25 years. The reality of Canada's development has seen more power accrue to the judicial branch of government. The reality of New Zealand's development has seen more power accrue to the political branches of government. The article considers the reality of the behavior of these branches of government each jurisdiction relation to indigenous rights. It finds that the factual and cultural context each of the two nations is crucial to assessing the implications of judicial versus political power. It suggests that judicial behaviour both nations is influenced by politics and public opinion and calls for a more sophisticated unpacking of the modes of inter-branch dialogue that occurs in the shadow of the people.
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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 | 0.021 | 0.043 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.007 | 0.057 |
| Scholarly communication | 0.012 | 0.010 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.007 | 0.000 |
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.
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".