Judicial Review, a Comparative Perspective: Israel, Canada, and the United States
Bibliographic record
Abstract
PROFESSOR MALVINA HALBERSTAM: Judicial review is one of the great gifts of American jurisprudence to the world.It was established over 200 years ago by a decision of the U.S. Supreme Court. 2 It has recently been enshrined in the constitutions of a number of new states.But, judicial review does not mean the same thing in every country.Judicial review in Israel, the United States, and Canada differ in a number of respects, including whether there are limitations on the kinds of questions the Court decides; whether the questions can be brought directly to the Supreme Court or are filtered through lower court decisions; whether Supreme Court review is as of right or in the Court's discretion; whether decisions are made by the Court as a whole or by panels; and on how judges are appointed to the Court, all of which affect the nature and scope of judicial review.More fundamentally, how broad should judicial review be in a democracy?Should the courts be the ultimate deciders of everything or should there be limitations?I'll begin by asking members of the panel to briefly summarize how judges are selected in each country, whether review is discretionary or as of right, whether the cases are heard by panels or by the Court as a whole, and whether judicial review is based on the constitution, legislation, or a decision of the Court.We'll then proceed to discuss substantive issues such as limitations, if any, on judicial review in each of the countries, the pros and cons of such limitations, cases in which the Court's assertion of jurisdiction has been particularly controversial, legislation proposed to address some of those problems-particularly in Israel but, perhaps, in other countries as well-and a discussion of the proper scope of judicial review in a democratic society, a question on which there are very strong differences of opinion.We'll conclude with presentations by Professor Friedmann, Justice Rubinstein, and the Honorable
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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 | 0.006 | 0.021 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.005 | 0.008 |
| Science and technology studies | 0.025 | 0.020 |
| Scholarly communication | 0.020 | 0.006 |
| Open science | 0.003 | 0.002 |
| Research integrity | 0.010 | 0.007 |
| Insufficient payload (model declined to judge) | 0.009 | 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".