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Record W4414833931 · doi:10.29173/alr2850

Rules, Principles, and the Reformation of Judicial Review

2025· article· en· W4414833931 on OpenAlexvenueno aff
Matthew Lewans

Bibliographic record

VenueAlberta Law Review · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsStatutory lawLegitimacyJudicial reviewJudicial opinionNormativeDismissalAdministrative lawRealm

Abstract

fetched live from OpenAlex

This article analyzes two different approaches to judicial review: the model of rules (whereby the legal validity of an administrative decision hinges on its formal attributes) and the practice of principle (whereby the legal legitimacy of an administrative decision hinges on whether it has been rendered fairly and justified reasonably in light of its legal context). The author argues that the shift toward the practice of principle facilitates the type of complex and contextual normative assessments that are required to promote the rule of law across a broad range of administrative decision-making. However, the author finds that the Supreme Court, in recent cases, has favoured developing and clarifying a new model of rules which has inadvertently created “grey holes” of legality, which exacerbate the risk of arbitrary dismissal in the realm of public employment and stultifies the culture of justification where administrative decisions are subject to a statutory right of appeal.

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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.055
metaresearch head score (Gemma)0.074
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.989
Threshold uncertainty score0.293

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0550.074
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0040.002
Science and technology studies0.0060.055
Scholarly communication0.0150.010
Open science0.0030.004
Research integrity0.0080.009
Insufficient payload (model declined to judge)0.0020.001

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 head0.025
GPT teacher head0.312
Teacher spread0.286 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
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
Published2025
Admission routes1
Has abstractyes

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