NONPARTY PARTICIPATION AS A (PARTIAL) REMEDY TO PROCEDURALIST CONCERNS OVER JUDICIAL REVIEW
Bibliographic record
Abstract
ABSTRACT The argument I defend in this paper takes for granted that the proceduralist indictment against judicial review is at least partly justifiable, and that a complete theory of democratic legitimacy will therefore attempt to address it to the greatest possible degree. I examine how the indictment can be addressed via the practice of nonparty participation, whereby members of the general public may seek participatory involvement in a court proceeding despite not being directly implicated by the dispute at issue. Through this practice, courts acquire a means to expose themselves to a cross-section of societal influences, which in turn can be said to improve the legitimacy of the decisions they render from a procedural perspective. Importantly, however, such legitimacy will not be transmitted spontaneously, as if the mere fact that courts allow nonparties to participate is all that is needed to address the proceduralist's concern. The crux of my argument is that only when the practice is conceived in a particular way, and is subjected to the appropriate conditions, does it have a genuine chance of realizing its legitimating promise.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.052 | 0.101 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.021 |
| Scholarly communication | 0.010 | 0.010 |
| Open science | 0.003 | 0.012 |
| Research integrity | 0.008 | 0.008 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".