Bibliographic record
Abstract
In Gosselin (Tutor of) v. Quebec (Attorney General) (2005) the Supreme Court of Canada provided its most recent and most extensive statement of the “no hierarchy of rights” doctrine. The doctrine holds that one part of the Constitution can not be used to prevent, restrict, or expand the implementation of another part of the Constitution. The author’s analysis of the no hierarchy of rights doctrine emphasizes the extent to which the doctrine is more correctly understood as a recognition of certain hierarchies among constitutional provisions, rather than a rejection of all hierarchies. The author also identifies several other respects in which the sweeping language that the Supreme Court has used to describe the no hierarchy of rights doctrine is at odds with the relatively few situations where the doctrine may be expected to be invoked. Finally, the author characterizes the no hierarchy of rights doctrine as an example of a “strategic positivist” approach to judicial review which may be gaining favour on the Supreme Court.
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 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 | 0.006 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.007 | 0.036 |
| Scholarly communication | 0.006 | 0.006 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.006 | 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".