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Record W2235938801

Parliamentary Privilege, the Canadian Constitution and the Courts

2008· article· en· W2235938801 on OpenAlexaffabout
Warren J. Newman

Bibliographic record

VenueSSRN Electronic Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsGovernment of Canada
Fundersnot available
KeywordsConstitutionLawPrivilege (computing)Political scienceLegislatureSupreme courtDignityParliamentCharterSociologyPolitics
DOInot available

Abstract

fetched live from OpenAlex

The privileges and immunities of the Houses of Parliament are part of the law of the Constitution. Courts have struggled with the role and place of these privileges in the constitutional system, notably with respect to their relationship to other parts of the Constitution, including the provisions of the Canadian Charter of Rights and Freedoms. This paper explores that relationship and clarifies the status of parliamentary privilege under the Constitution, having regard to the constitutional text, the principles underlying or informing the interpretation of the constitutional provisions, including the principle of the separation of powers, and the leading cases, notably the decisions of the Supreme Court in New Brunstick Broadcasting and Vaid. The parliamentary privilege is a necessary adjunct to the legislative and deliberative functions of the houses, and to the maintenance of the dignity and efficiency of those bodies. The paper concludes that parliamentary privilege is not, nor should it be, a substantive end in itself, and that the courts would do well to maintain that attitude in scrutinizing contested claims of privilege where the existence, scope or necessity of the asserted category of privilege is at issue, and where there are competing constitutional principles, rights and interests in the balance.

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)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.770
Threshold uncertainty score0.993

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0080.002
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.016
GPT teacher head0.260
Teacher spread0.244 · 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 teacher head, not a consensus.

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

Citations3
Published2008
Admission routes2
Has abstractyes

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