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Record W4379536749 · doi:10.21991/cf29453

Federalism and the Paramountcy Doctrine

2023· article· en· W4379536749 on OpenAlexvenueaboutno aff
Jesse Hartery

Bibliographic record

VenueConstitutional Forum / Forum constitutionnel · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Systems and Governance
Canadian institutionsnot available
Fundersnot available
KeywordsDoctrineSupreme courtPolitical scienceFederalismLawTrilogySubject (documents)Constitutional lawComputer science

Abstract

fetched live from OpenAlex

Federal systems require individuals to comply with laws enacted by more than one order of government. At times, the laws enacted by each order may overlap, and different approaches have been adopted to deal with this situation. In Canada, this is done through the paramountcy doctrine, which permits a court to render a law inoperative when faced with two valid but conflicting laws adopted by different orders of government. However, despite being a staple of constitutional law for over a century, the paramountcy doctrine has been the subject of important doctrinal fluctuations over the years. For the time being, the doctrine includes a narrow branch known as the operational conflict branch and a broader — and sometimes controversial — branch known as the federal purpose branch. In its 2015 trilogy on the subject, the Supreme Court of Canada clarified the precise parameters of the doctrine while also noting in obiter that further doctrinal change may be on the horizon.

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)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.955
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0040.016
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.001

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 head0.022
GPT teacher head0.293
Teacher spread0.271 · 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; both teacher heads agree on what is shown here.

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

Citations0
Published2023
Admission routes2
Has abstractyes

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