Bibliographic record
Abstract
This Chapter examines the broad range of remedies available for laws that violate human rights. Part I examines non-binding declarations of incompatibility and related supra-national remedies, interpretative remedies, partial declarations of invalidity, suspended declarations of invalidity and prospective rulings. Part II identifies general principles that should inform the choice of remedies. These include respect for the legitimate roles of legislatures in making policy choices not dictated by the interaction of rights and legislative objectives, not allowing remedies to be limited by the form of legislative drafting and presumptions of retroactive relief. Part III applies the two-track approach to remedies with special attention to the dilemmas provided by suspended declarations of invalidity and prospective rulings. Comparisons are made between the Canadian use of exemptions and the South African use of interim guidelines, and between how Canadian and UK courts have responded to assisted dying cases. It also examines the dilemmas presented when legislatures refuse to respond to a declaration of incompatibility. It suggests that courts should have continued to award damages when the UK Parliament refused to respond to a declaration that a ban on prisoner voting was inconsistent with rights.
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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 | 0.006 | 0.013 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.003 | 0.012 |
| Scholarly communication | 0.005 | 0.005 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.008 | 0.006 |
| Insufficient payload (model declined to judge) | 0.025 | 0.005 |
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".