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Delegating Rights Protection

2010· book· en· W2496809799 on OpenAlexaboutno aff
David Erdos

Bibliographic record

Venuenot available
Typebook
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsPolitical scienceBill of rightsPoliticsCharterLawCivil libertiesHuman rightsStatutory lawEliteLaw and economicsSociology

Abstract

fetched live from OpenAlex

Abstract This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and difference. Whilst sharing a core ‘Westminster’ political set‐up, more recent experiences display striking diversity. Comparative analysis of some thirty‐six democracies demonstrates that the historic lack of a bill of rights in Westminster countries is best explained by, firstly, the absence of a clear political transition and, secondly, by their strong British constitutional heritage. Detailed chapters then explore recent developments. In all the countries, postmaterialist socio‐economic change has resulted in a growing emphasis on legal formalization, codified civil liberties, and social equality. Pressure for a bill of rights has therefore increased. Nevertheless, by enhancing judicial power, bills of rights conflict with the prima facie positional interests of the political elite. Given this, change in this area has also required a political trigger which provides an immediate rationale for change. Alongside social forces, the nature of this trigger determines both the strength and substance of the bill of rights enacted. The statutory Canadian Bill of Rights Act (CBORA 1960), New Zealand Bill of Rights Act (NZBOR 1990), and the Human Rights Act (UK) (HRA 1998) were prompted politically by a relatively weak and backward‐looking ‘aversive’ reaction against perceived abuses of power under the previous administration. Meanwhile, the fully constitutional Canadian Charter (1982) had its political origins in a stronger, more self‐interested, and prospective need to find a new unifying institution to counter the destabilizing, centripetal power of the Québécois nationalist movement. Finally, the absence of any relevant political trigger explains the failure of national bill of rights initiatives in Australia. The conclusionary section of the book argues that this Postmaterialist Trigger Thesis (PTT) explanation of change can also explain the origins of bills of rights in other internally stable, advanced democracies, notably the Israeli Basic Laws on human rights (1992).

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)0.005
metaresearch head score (Gemma)0.009
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 score0.109
Threshold uncertainty score0.363

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.009
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0050.007
Scholarly communication0.0080.006
Open science0.0020.007
Research integrity0.0040.004
Insufficient payload (model declined to judge)0.1090.019

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 head0.029
GPT teacher head0.277
Teacher spread0.247 · 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

Citations19
Published2010
Admission routes1
Has abstractyes

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Same topicJudicial and Constitutional StudiesFrench-language works237,207