Bibliographic record
Abstract
This review article draws out some of the major jurisprudential lessons that can be learned from a series of case studies of judicial politics in authoritarian regimes. Such regimes need to portray themselves as respectful of the rule of law to prolong their grip on power; they therefore tolerate independent courts, because an independent judiciary is emblematic of a commitment to the rule of law. However, the regime must contend with an unintended side effect of independent courts: judges may use their independence to check the regime, limiting its power. Authoritarian regimes will thus employ strategies to contain judicial power, producing a dialectic of empowerment and constraint with respect to courts. Among the lessons highlighted is that attempts by authoritarian regimes to contain courts strain formal rule of law conditions (conditions requiring, inter alia, that laws comprise rules that are clear, non-contradictory, stable, and generally prospective, and that official action match declared rule), suggesting that the formal conception of the rule of law imposes substantive limits on arbitrary power; and that the dialectic of empowerment and constraint exhibits a problem of domination with respect to courts, as part of a larger problem of domination of legal subjects.
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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 | 0.005 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.005 | 0.022 |
| Scholarly communication | 0.008 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.004 | 0.003 |
| Insufficient payload (model declined to judge) | 0.003 | 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 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".