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Record W249378466

The Secession Reference and the Limits of Law

2003· article· en· W249378466 on OpenAlexaboutno aff
Richard Kay

Bibliographic record

VenueOpenCommons - UConn (University of Connecticut) · 2003
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Systems and Governance
Canadian institutionsnot available
Fundersnot available
KeywordsSecessionLawSupreme courtPolitical scienceConstitutionFederalistVictoryParliamentRatificationJudgementPrinciple of legalityFederalismGovernment (linguistics)ReferendumPolitics
DOInot available

Abstract

fetched live from OpenAlex

When the Supreme Court of Canada issued its judgment on the legality of unilateral Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a victory for all Canadians. The court also held, however, that upon a sufficient expression of popular sentiment for separation in Quebec the government of the province had a right . . . to pursue secession. In that case the federal government and other provinces were obliged to enter into honest negotiations to attempt to satisfy the desire for secession. Thus Premier Bouchard, on the same day, confidently announced that the Court had shake[n] the very foundations of federalist strategy. No wonder one of the of the most common adjectives applied to the decision was solomonic. My purpose in this paper is to consider the best way to characterize what the Supreme Court did in the Secession Reference. The immediate importance of the Court's judgment has perhaps receded as the intensity of separatist sentiment in Quebec has diminished. But, in a country whose underlying constitutional premises continue to be unsettled, it remains a critical artifact in any attempt to forecast the constitutional future. More generally, it illustrates an unusual but not unique phenomenon - the intervention of courts of law in the resolution of disputes concerning the very presuppositions of the legal and political system of which they form a part.

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)0.015
metaresearch head score (Gemma)0.020
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: Empirical · Consensus signal: none
Teacher disagreement score0.413
Threshold uncertainty score0.822

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0150.020
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0190.101
Scholarly communication0.0250.012
Open science0.0030.008
Research integrity0.0100.014
Insufficient payload (model declined to judge)0.0070.001

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 head0.275
Teacher spread0.238 · 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
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

Citations3
Published2003
Admission routes1
Has abstractyes

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