Bibliographic record
Abstract
In a series of controversial decisions in the last thirty years, including the Reference re Secession of Quebec rendered in 1998, the Supreme Court of Canada has given full legal force to unwritten constitutional principles. These principles, which bind both courts and governments, may not only guide the interpretation of the constitutional text but constitute the premises of constitutional arguments that culminate in “the filling of gaps in the express terms of the constitutional text” and in certain circumstances, “give rise to substantive legal obligations … which constitute substantive limitations upon government action.” Conferring such a normative force to unwritten constitutional principles raises a series of theoretical, epistemological and normative questions. What is the status of these principles? What is their source or foundation? How may they be determined? What is the foundation of their legitimacy? What right does the judiciary have to use them to create substantive legal obligations? The purpose of the text is to consider these questions.
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 imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.013 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.014 | 0.046 |
| Scholarly communication | 0.017 | 0.007 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.007 | 0.012 |
| Insufficient payload (model declined to judge) | 0.008 | 0.002 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".