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Record W4249976768 · doi:10.1353/tlj.0.0037

The role of the courts in the political constitution

2010· article· en· W4249976768 on OpenAlexvenueno aff
Adam Tomkins

Bibliographic record

VenueUniversity of Toronto Law Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsConstitutionalismConstitutionPoliticsArgument (complex analysis)LegislatureLawPolitical scienceJudicial reviewPrincipal (computer security)Constitutional lawEnforcementJudicial independenceConstitutional theorySociologyLaw and economicsDemocracy

Abstract

fetched live from OpenAlex

The article sketches the beginnings of a theory of what the courts should do in the political constitution. As such, it differs from most of the literature on political constitutionalism (which tends to say more about what courts should not do) and most of the literature about what courts should do in constitutional law (which tends to be framed in a legal constitutionalist perspective). First, arguments are presented about how a political constitutionalist might distinguish between rights which are best left to political institutions and those which better lend themselves to judicial enforcement. Second, the argument is made that in constitutional litigation the courts should focus as much (if not more) on powers and evidence as on rights. The article closes with brief consideration of the legislature's role in the political constitution and of the courts' role in supporting the legislature. Throughout, the article takes the British constitution as its principal case study, but the implications of the argument presented here extend beyond Britain alone.

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 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)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.884
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.003
Scholarly communication0.0000.000
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 head0.007
GPT teacher head0.227
Teacher spread0.220 · 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

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations13
Published2010
Admission routes1
Has abstractyes

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