Constitutional Abeyances: Reflecting on EU Treaty Development in Light of the Canadian Experience
Bibliographic record
Abstract
The concept of constitutional abeyances, originally proposed by Foley (1989), describes aspects of a political system that are left deliberately ambiguous. Foley suggests that the maintenance and management of such areas of “settled unsettlement” are indispensable to prevent and resolve conflict about a polity’s constitutional order. The concept of constitutional abeyances has been used productively to analyze constitutional development in Canada, especially the country’s constitutional crises in the 1980s and 1990s. However, with very few exceptions, it has not been applied to analyze the EU and its treaty development. This article leverages the comparison to Canada to argue that a focus on constitutional abeyances, and their successful or unsuccessful institutional reproduction, provides fresh perspectives for analyzing European integration, including insights into the emergence of the EU’s current crises and principles that might guide a political response.
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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 | 0.008 | 0.014 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.003 | 0.006 |
| Science and technology studies | 0.033 | 0.024 |
| Scholarly communication | 0.016 | 0.006 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.003 | 0.008 |
| Insufficient payload (model declined to judge) | 0.007 | 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".