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Record W3123075200 · doi:10.3138/utlj.60.1.137

STRUCTURAL JUDICIAL REVIEW AND THE OBJECTION FROM DEMOCRACY

2010· article· en· W3123075200 on OpenAlexvenueno aff
Jeffrey Goldsworthy

Bibliographic record

VenueUniversity of Toronto Law Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLegislaturePolitical scienceLawJudicial reviewSeparation of powersEnforcementDemocracyLegislationFederalismPoliticsJudicial activismLaw and economicsSociology

Abstract

fetched live from OpenAlex

Judicial review of legislation to ensure its compatibility with vague and abstract principles of political morality is often argued to be incompatible with the democratic right of ordinary citizens to participate on equal terms in public decision making. Adrienne Stone argues that ‘structural’ judicial review, aimed at protecting constitutional structures such as federalism and the separation of powers, is just as vulnerable to this objection as ‘rights’ review, aimed at protecting constitutionally entrenched rights. I argue that some kinds of structural review are distinguishable from rights review and not susceptible to the objection: it does not apply to (a) judicial enforcement of provisions dividing powers within a federation; (b) genuine ‘manner and form’ requirements governing the composition, powers, and procedures of the legislature and its houses, provided that they leave its substantive power to legislate unaffected; (c) a requirement that only independent courts may exercise the judicial power of determining the concrete legal rights and duties of litigants, based on the application of general laws that legislatures have made and remain free to change; or (d) provisions forbidding states or provinces within a federation from discriminating against the residents or commercial enterprises of other states or provinces.

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, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.749
Threshold uncertainty score1.000

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 studies0.0020.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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 head0.009
GPT teacher head0.236
Teacher spread0.226 · 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

Citations13
Published2010
Admission routes1
Has abstractyes

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