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Record W2581992304

Omnibus Bills: Constitutional Constraints and Legislative Liberations

2016· article· en· W2581992304 on OpenAlexaffabout
Adam M. Dodek

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsParliamentSeparation of powersLegislatureHouse of CommonsPolitical scienceDemocracyLawPoliticsJudicial deferenceLegislationDoctrineLaw and economicsJudicial reviewPublic administrationEconomics
DOInot available

Abstract

fetched live from OpenAlex

Over the past decade, the use of omnibus bills has become routine in the Parliament of Canada. Omnibus budget implementation bills have grown in size to several hundred pages and acquired their own political term with a decidedly negative connotation: “omnibudget bills”. These omnibus and omnibudget bills have been a source of controversy and, at times, political protest. In its 2015 election platform, the Liberal Party of Canada promised to change the House of Commons’ Standing Orders to end the “undemocratic practice” of using omnibus bills. This article analyses the understanding, use, and history of omnibus bills in the Parliament of Canada. It argues that such bills undermine parliamentarians’ ability to responsibly and effectively carry out their duties to examine and debate legislation. Omnibus bills reveal a tension between the doctrine of the separation of powers and the principle of democracy. Excessive deference to the doctrine of the separation of powers has allowed omnibus bills to become a threat to parliamentary democracy in Canada, and the balance needs to be recalibrated. This paper considers various ways in which omnibus bills might be restrained and the constitutional challenges that such options present. It considers the role of the House of Commons, the Senate, the Governor General, and the courts. Ultimately, this paper concludes that in the absence of action by Parliament itself, the courts may be forced to find a way to restrict the most abusive uses of omnibus bills.

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)0.016
metaresearch head score (Gemma)0.033
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.469
Threshold uncertainty score0.932

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0160.033
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0020.002
Science and technology studies0.0140.030
Scholarly communication0.0140.007
Open science0.0020.006
Research integrity0.0040.010
Insufficient payload (model declined to judge)0.0120.001

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 head0.023
GPT teacher head0.305
Teacher spread0.282 · 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 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

Citations27
Published2016
Admission routes2
Has abstractyes

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Same venueSSRN Electronic JournalSame topicCriminal Law and EvidenceFrench-language works237,207