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Record W2891432583 · doi:10.4324/9781351201834-5

Exploring constitutional statutes in common law systems

2019· article· en· W2891432583 on OpenAlexaboutno aff
Rivka Weill

Bibliographic record

VenueSSRN Electronic Journal · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsStatuteConstitutionalityLawPolitical scienceConstitutional lawJurisprudenceConstitution

Abstract

fetched live from OpenAlex

Constitutional Statutes seem to describe an oxymoron that challenges the traditional hierarchical dichotomy between regular statutes and constitutional provisions. Constitutional Statutes might mean different things to different political actors (including judges) and academics within the same legal system and across countries. This article argues that we should analyze constitutional statutes along two vectors: what makes these statutes constitutional (identification) and what are the ramifications of such identification (consequences). It further argues that the answer to the first question affects the results of the second. The article argues that statutes are identified as constitutional based on either the process of their enactment or their content, which may itself be subdivided into two classifications: content in terms of importance and content in terms of entrenchment language. Constitutional statutes discussed in the literature and jurisprudence are often treated as though they are made of one cloth, when in fact they belong to different categories based on the justification for, as well as ramifications of, their constitutionality. The article’s approach is examined with relation to the U.S., U.K., Canada, Israel, New Zealand and Australia.

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)0.008
metaresearch head score (Gemma)0.018
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 score0.012
Threshold uncertainty score0.084

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.018
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0070.009
Science and technology studies0.0060.048
Scholarly communication0.0110.015
Open science0.0010.006
Research integrity0.0030.003
Insufficient payload (model declined to judge)0.0040.000

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 head0.051
GPT teacher head0.284
Teacher spread0.233 · 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

Citations0
Published2019
Admission routes1
Has abstractyes

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