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Record W3122689219

Federal Constitutionalism and Aboriginal Difference

2006· article· en· W3122689219 on OpenAlexaboutno aff
Jean Marie Leclair

Bibliographic record

VenuePapyrus : Institutional Repository (Université de Montréal) · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsConstitutionalismFederalismTreatyLawSovereigntyPolitical scienceAutonomyConstitutionSupreme courtConstitutional lawSociologyPoliticsDemocracy
DOInot available

Abstract

fetched live from OpenAlex

The author outlines a new legal approach, which he labels federal constitutionalism, to the
\nquestion of aboriginal difference in Canada. This approach has the potential to open up more
\nfruitful avenues for the resolution of aboriginal law issues than either the “frozen rights”
\napproach currently adopted by the Supreme Court of Canada or the treaty federalism
\napproach, which posits that treaties should be used to resolve all differences between aboriginals
\nand non-aboriginals. The author outlines the difficulties inherent in both the frozen rights and
\ntreaty federalism approaches. Federal constitutionalism, in contrast, draws its vitality from an
\norganic understanding of Canada’s constitutional experience. It would allow aboriginal
\npeoples to be seen as federal actors who have historically shaped the Canadian federation.
\nFederal constitutionalism is a multi-faceted approach that would permit aboriginal questions
\nto be addressed using the federal principle, thereby allowing the legal focus to move away from
\nsection 35 of the Constitution Act, 1982. Aboriginal peoples would be able to exercise the
\nrights of sovereignty over their own internal affairs, while individual aboriginals could
\nparticipate directly in federal and provincial governments without having to proceed through
\nthe intermediary of aboriginal representatives. Federal constitutionalism would allow
\naboriginal peoples a guaranteed sphere of autonomy, while permitting recognition of their
\nhistorical interdependence with non-aboriginal peoples.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.821
Threshold uncertainty score0.986

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0150.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.007
GPT teacher head0.209
Teacher spread0.202 · 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 teacher head, not a consensus.

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

Citations3
Published2006
Admission routes1
Has abstractyes

Explore more

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