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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 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)0.002
metaresearch head score (Gemma)0.006
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: Other · Consensus signal: Other
Teacher disagreement score0.115
Threshold uncertainty score0.833

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0030.004
Science and technology studies0.0180.021
Scholarly communication0.0100.003
Open science0.0010.003
Research integrity0.0030.003
Insufficient payload (model declined to judge)0.0090.001

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.

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 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
GenreOther

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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