Methinks the amicus doth protest too much: adjudicating Canada's polygamy policy
Bibliographic record
Abstract
This thesis uses the 2011 polygamy reference to examine the institutional capacity of the Canadian judiciary to make policy, especially under the Charter of Rights and Freedoms. The literature predicts that policymaking in Canada's still largely adjudicative courts is likely to suffer from an "adversarial difficulty," namely, a tendency to distort the "social facts" judges need to make policy. Under the Charter, the adversarial difficulty occurs especially in the proportionality component of the test used to determine whether a rights-infringing law is nevertheless justified as a "reasonable limit" on Charter rights. The polygamy litigation amply confirms the problematic presence of the adversarial difficulty. Given the inevitability of judicial policymaking, the solution lies in the kind of interaction between courts and legislatures known as "coordinate dialogue" - i.e., dialogue that accords legislatures a legitimate voice in constitutional interpretation.
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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 | 0.004 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.022 | 0.007 |
| Scholarly communication | 0.006 | 0.001 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.003 | 0.003 |
| Insufficient payload (model declined to judge) | 0.006 | 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".