Judging as Nudging: New Governance Approaches for the Enforcement of Constitutional Social and Economic Rights
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
There is little agreement among legal thinkers about whether and how courts can competently and legitimately enforce constitutional social and economic rights (SERs). The principal concern is that judicial enforcement would require courts to design and manage costly social welfare programs, tasks for which judges lack the requisite democratic mandate and institutional expertise. However, courts have been increasingly willing to enforce SERs in recent years while remaining mindful of limits on their institutional capacity to do so. This article classifies and critiques the dominant ways that such courts-primarily in Canada, the United States, and South Africa-enforce SERs. It concludes that the prevailing approaches are weakest where governments have done the least to fulfill their constitutional SER obligations. Further, this article identifies emerging approaches that require structured accountability in government efforts toward SER realization. It suggests that these approaches, understood within the context of new governance or theory, better provide for the effective, coherent, and competent enforcement of SERs in the face of government recalcitrance than do the prevailing tools. The paper concludes with a case study assessing the usefulness of experimentalist SER enforcement with reference to a possible right to health under the Canadian Constitution.
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Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.002 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it