Bibliographic record
Abstract
In this paper, published in 2010 but relevant again as the UK courts consider the lawfulness of Boris Johnson's 2019 prorogation of Parliament, I examine the place of the Political Question doctrine in the common law of judicial review. I argue that executive decisions, even on matters of policy, should be presumptively reviewable. Indeed, there is an obvious trend in judicial decisions towards reviewability. I allow for two exceptions, where matters have been clearly committed to the discretion of the executive, but note that the same concerns which militate in favour of a presumption of reviewability operate to circumscribe the scope of these exceptions. I also argue that judicial conclusions of nonjusticiability are generally based not on the fact that a particular matter is political or of high policy but on the inability of a claimant to make out a persuasive ground of judicial review. Note that this is a pre-publication version of the article which appeared in Public Law.
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 | 0.017 | 0.041 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.006 | 0.042 |
| Scholarly communication | 0.011 | 0.011 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.008 | 0.010 |
| Insufficient payload (model declined to judge) | 0.005 | 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".