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Record W2993070474 · doi:10.3138/utlj.69.s1.001

Interim remedies and constitutional rights

2019· article· en· W2993070474 on OpenAlexvenueaboutno aff
Robert J. Sharpe

Bibliographic record

VenueUniversity of Toronto Law Journal · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsInterimLawPolitical scienceCharterPlaintiffCommon lawLimitingConstitutionConstitutional lawLaw and economicsSociologyEngineering

Abstract

fetched live from OpenAlex

Interim remedies are granted before the court has been able to come to a final determination of the issues raised by the case. Canadian courts are reluctant to grant interim remedies that would restrain the application of a constitutionally challenged law. Ordinarily, the public interest in the orderly administration of duly enacted laws has been found to prevail over the claimant’s right to interim protection of a claimed constitutional right. This article examines the reasons used to justify this cautious approach and argues that it is not entirely consistent with the Charter’s promise of effective remedies. The rule limiting consideration of the merits of the claim on interim applications should be relaxed, especially where refusing an interim remedy will cause the immediate and irretrievable loss of a constitutional right. This would bring Canadian law into line with English, American and international law and would better protect fundamental rights and freedoms. Greater use should be made of interim remedies that exempt litigants from constitutionally challenged laws rather than suspend the operation of the law entirely.

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)0.018
metaresearch head score (Gemma)0.031
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 score0.018
Threshold uncertainty score0.095

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0180.031
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0070.047
Scholarly communication0.0110.012
Open science0.0030.008
Research integrity0.0110.013
Insufficient payload (model declined to judge)0.0170.002

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 head0.014
GPT teacher head0.238
Teacher spread0.224 · 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

Citations17
Published2019
Admission routes2
Has abstractyes

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