MétaCan
Menu
Back to cohort
Record W4414833984 · doi:10.29173/alr2854

Process, Substance, and Judicial Review's (A)symmetry

2025· article· en· W4414833984 on OpenAlexfundvenueaboutno aff
Megan Pfiffer

Bibliographic record

VenueAlberta Law Review · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
FundersSocial Sciences and Humanities Research Council of CanadaUniversity of Alberta
KeywordsJudicial reviewAdministrative lawSubject (documents)Substantive lawLegislaturePublic lawCommon lawCompliance (psychology)Citizenship

Abstract

fetched live from OpenAlex

This article addresses an apparent asymmetry in the law of judicial review of administrative action. While procedural review is explicitly concerned with the rights of people who find themselves subject to public administrative power, rights do not figure in the prevailing account of substantive review. Instead, courts have treated substantive review as an opportunity to promote the rule of law and give effect to legislative intent. The author argues that the asymmetry is merely apparent, and that especially following Canada (Minister of Citizenship and Immigration) v Vavilov, substantive review is best understood as a rights-oriented enterprise. More specifically, substantive review vindicates a right to justification according to law held by the legal subject of an administrative decision. This account makes the legal subject visible within the law of substantive review and allows us to see the law of judicial review more generally as an integrated domain concerned with administrative law rights. Note on expert review: This article went through double-blind expert review, in compliance with the Alberta Law Review's typical peer review process. The other articles in this issue were subject to single-blind expert review.

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)0.107
metaresearch head score (Gemma)0.159
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 score0.107
Threshold uncertainty score0.564

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.1070.159
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0040.002
Science and technology studies0.0050.037
Scholarly communication0.0180.012
Open science0.0030.007
Research integrity0.0100.008
Insufficient payload (model declined to judge)0.0060.002

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 head0.017
GPT teacher head0.332
Teacher spread0.314 · 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 routes3
Has abstractyes

Explore more

Same venueAlberta Law ReviewSame topicJudicial and Constitutional StudiesFrench-language works237,207