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Record W317880880

The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges

2009· article· en· W317880880 on OpenAlex
Shimon Shetreet

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.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueChicago journal of international law · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Law Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLawJudicial independenceInternational lawPolitical scienceJurisprudenceJudicial activismIndependence (probability theory)SociologyPolitics
DOInot available

Abstract

fetched live from OpenAlex

In this Article, I will discuss domestic and international law as they relate to judicial independence, and how their interrelationship impacts judicial independence in both arenas. I will also note current challenges to judicial independence, on both practical and theoretical levels, and suggest some appropriate solutions. Section I reviews the three phases of judicial independence, using England as a case study. Section II considers fundamental concepts surrounding judicial independence: models, principles, and constitutionalism. It is important to review these normative concepts in order to create a common language of judicial independence. Section III explores challenges to judicial independence, both past and present. Section IV analyzes the response to these challenges: the creation of a culture of judicial independence. Section V evaluates the different components that have been, and that continue to be, critical to the culture of judicial independence. Cultures of judicial independence are built on both the domestic and international fronts, and in their more advanced stages consist of a combination of national and international law and jurisprudence. Section VI examines how the interrelationships between domestic law, international human rights law, and professional international standards have had a normative effect on the culture of judicial independence over its three phases. Particular attention is paid to England, the US, Austria, and Canada, with special reference where appropriate to the European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR"), and the UK's Human Rights Act and Constitutional Reforms Act. This Article concludes with a look to the future.

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.

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)0.002
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
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 score0.764
Threshold uncertainty score0.842

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.002
Scholarly communication0.0000.001
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 head0.077
GPT teacher head0.394
Teacher spread0.317 · 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