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Record W2271865752

Dialogic Judicial Review and its Critics

2008· article· en· W2271865752 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSSRN Electronic Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsJudicial reviewCharterLegislaturePolitical scienceLawLegitimacyJudicial activismConstitutional theoryPoliticsNormativeLaw and economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

The idea that judicial review can produce a dialogue between courts and legislatures has been getting much scrutiny in Canada. This attention can be explained by the structure of the Canadian Charter of Rights and Freedoms. By allowing ordinary legislation to place limits on rights as interpreted by the courts and even to override them, the Charter contemplates and invites dialogue between courts, legislatures and the larger society about the treatment of rights in a free and democratic society.In the first part of this article, I will outline the major features of dialogic judicial review in Canada as a political or constitutional theory about how both courts and legislatures can contribute to debates about controversies about rights and freedoms. These key features include both sections 1 and 33 of the Charter, the exercise of remedial discretion to allow legislatures to select among a range of constitutional options and cabinet-dominated Parliamentary government. Some critics of dialogue argue that dialogue theory lacks normative content ... The fact that one institution can escape the consequences of another's actions says nothing about the latter's legitimacy. In the second part of this article, I will respond to this important critique by acknowledging that there is a need to articulate what courts can uniquely contribute to political debates about rights. Courts should play a role that will not otherwise be played by legislatures. In the third part of this article, I will attempt to disentangle empirical and normative strands in this important critique of dialogue theory. At an empirical level, we need a better understanding of when and why legislatures accept certain judicial decisions. This will increasingly take those interested in dialogic judicial review into the realm of case studies of the interaction of the judicial and legislative processes.

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.

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: Theoretical or conceptual
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.507
Threshold uncertainty score0.999

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 studies0.0020.000
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 head0.032
GPT teacher head0.301
Teacher spread0.268 · 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