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Record W2488724390

Wandering Without a Torch: Federalism as a Guiding Light

2016· article· en· W2488724390 on OpenAlexaffabout
Mark Mancini

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of FrederictonUniversity of New Brunswick
Fundersnot available
KeywordsFederalismPolitical scienceCooperative federalismDual federalismDoctrineIndividualismPoliticsLawNew FederalismConstitutionGovernment (linguistics)Law and economicsConstitutional lawCharterSociology
DOInot available

Abstract

fetched live from OpenAlex

Since the failure of the Charlottetown Accord in 1992, which would have entrenched a third order of aboriginal self-government alongside the federal and provincial orders, aboriginal self-government has not been conceived in terms of federalism doctrine. Instead, the negotiation of aboriginal self-government has been left to the vicissitudes of political drama and s.35(1) of the Constitution Act, 1982. Both options fail to capture the true nature of self-government as a concept; the exercise of a jurisdictional, rather than individual, right.The author argues that existing federalism doctrine, painstakingly developed over generations, can provide the theoretical framework by which to understand an inherent form of aboriginal self-government in the Canadian federation. Aboriginal issues, with few exceptions, have almost exclusively been understood under the individualistic rubric of Charter-type litigation in common law courts. But, the Charter, and by extension s.35(1), cannot capture the institutional and communal character of aboriginal self-government. Canadian federalism, on the other hand, can.The paper reviews the political basis of Canadian federalism, its translation into stable legal doctrines, and the strength of these doctrines in comparison to the alternatives. On the whole, the paper argues that federalism must not be sacrificed at the altar of individual rights, as institutional studies are still useful in understanding modern problems within the Canadian federation.

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)0.002
metaresearch head score (Gemma)0.001
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: Empirical · Consensus signal: Empirical
Teacher disagreement score0.396
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
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 head0.034
GPT teacher head0.313
Teacher spread0.279 · 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

Citations0
Published2016
Admission routes2
Has abstractyes

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