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Record W2266863893 · doi:10.1017/cbo9780511552021.006

Indefinite detention: rule by law or rule of law?

2008· book-chapter· en· W2266863893 on OpenAlexaboutno aff
R. Balasubramaniam

Bibliographic record

VenueCambridge University Press eBooks · 2008
Typebook-chapter
Languageen
FieldSocial Sciences
TopicAsian Geopolitics and Ethnography
Canadian institutionsnot available
Fundersnot available
KeywordsRule of lawLawPolitical science

Abstract

fetched live from OpenAlex

Introduction Global terrorism is thought to herald a paradigm shift within constitutional liberal democracies where liberty must give way to security creating a new normality. Such a situation differs from a classically conceived state of emergency because it does not precipitate a temporary suspension of the rule of law. In response, post-9/11, constitutional liberal democracies, like the United States, the United Kingdom and Canada, therefore, contemplate the use of indefinite detention without trial (indefinite detention) as a counter-terrorism measure that should possess rule-of-law legitimacy. Indefinite detention raises problems for morality and the rule of law. It is morally troubling though it is far from clear that indefinite detention is inherently immoral and intolerable. From the perspective of the rule of law or legality, a question arises whether law can meaningfully regulate indefinite detention. If such control is impossible, then constitutional liberal democracies run the risk of creating rule by law not the rule of law. The rule of law contrasts with arbitrary power while, rule by law, on the other hand, involves the use of the legal form to cloak arbitrary power. In this chapter, I explore the lessons that constitutional liberal democracies can learn from Malaysia and Singapore where indefinite detention has been a long-standing feature of the legal landscape under internal security legislation. This power has been used as a tool of abuse and is now justified in the name of counter-terrorism.

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)0.004
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 score0.005
Threshold uncertainty score0.015

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0020.027
Scholarly communication0.0040.006
Open science0.0010.001
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0030.001

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 head0.037
GPT teacher head0.237
Teacher spread0.200 · 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

Citations9
Published2008
Admission routes1
Has abstractyes

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