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Record W2244223146 · doi:10.7202/1034052ar

The Senate Reference: Constitutional Change and Democracy

2015· article· en· W2244223146 on OpenAlexvenueno aff
Yasmin Dawood

Bibliographic record

VenueMcGill Law Journal · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsDemocracyParliamentConstitutionSeparation of powersPolitical scienceDeliberationLawStatus quoInstitutionConstitutional courtJudicial reviewPublic administrationLaw and economicsSociologyPolitics

Abstract

fetched live from OpenAlex

The Senate Reference is ultimately a decision about how democratic decision making ought to be conducted when the role and function of fundamental democratic institutions are themselves at stake. This case stands for the idea that unilateral decision making by Parliament is not permitted even if from a substantive standpoint the government’s proposals are “more democratic” than the status quo. Consultative elections and senatorial term limits, for example, would arguably make the Senate a more representative and accountable body. Yet the Court held that such changes are subject to the Constitution’s general amending formula, which means that Parliament cannot implement these changes on its own. This article suggests that the Court’s interpretation of the amending procedures is based upon a deeper democratic commitment to ensuring dialogue and deliberation between and among the relevant stakeholders. The Court’s approach has benefits and drawbacks. By setting itself up as the exclusive arbiter of the Constitution’s “internal architecture” and the primary decision-maker as to what constitutes an institution’s “fundamental role and nature”, the Court has enhanced its own authority over the evolution of the constitutional order while significantly narrowing the possibilities for constitutional change. While the Court’s approach has the undeniable effect of making large-scale institutional reform difficult (if not impossible), the alternative is arguably worse. If it were possible for the government to unilaterally reform democratic institutions, then it could unilaterally reform them in an anti-democratic direction as well.

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)0.001
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: none
Teacher disagreement score0.992
Threshold uncertainty score0.992

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0150.003
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
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 head0.154
GPT teacher head0.331
Teacher spread0.177 · 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

Citations1
Published2015
Admission routes1
Has abstractyes

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