Constitutionalizing everything: the role of "Charter values"
Bibliographic record
Abstract
Explicit constitutional provisions can be seen as mere examples of broader zones of constitutional protection based on underlying values or principles, in which case the constitution has a broad, elastic scope. Alternatively, a constitution might protect only the explicit examples of its underlying values, thus leaving much of public importance beyond its reach. In Canada, controversy about these different understandings revolves in part around the appropriate judicial use of “Charter values,” an issue that most recently divided the Supreme Court in Ontario (Attorney General) v. Fraser, 2011. While “constitutionalizing everything” — or nearly everything of public importance — in the name of underlying values has become an increasingly dominant international perspective, it remains a matter of significant and enduring controversy. We explore this controversy by setting the Charter values debate in Fraser in the context of similar debates in other cases.
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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 | 0.023 | 0.030 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.010 | 0.102 |
| Scholarly communication | 0.016 | 0.017 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.005 | 0.011 |
| Insufficient payload (model declined to judge) | 0.002 | 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".