The Principles of Fundamental Justice and the "Societal Consensus" Requirement
Bibliographic record
Abstract
The Supreme Court of Canada’s test for delineating the principles of fundamental justice requires that a proposed norm enjoy “significant societal consensus that it is fundamental to the way in which the legal system ought to fairly operate”. The author examines the considerations that count in favour of recognizing that a proposed norm satisfies this requirement; they include: the standard employed—be it normative or empirical, the types of sources relied upon and the way a proposed norm is framed or reframed by the Court. The author argues a normative standard is preferable because it allows the Court to retain full competence to deal with those egregiously unfair outcomes that fall under section 7 but are unpredictable ex ante. It is the better standard for a liberal-democratic state which values dialogue as between the Court and Parliament. As for reformulating proposed principles, the author argues procedural safeguards should be introduced.
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 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 | 0.043 | 0.050 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.016 | 0.076 |
| Scholarly communication | 0.017 | 0.009 |
| Open science | 0.005 | 0.007 |
| Research integrity | 0.018 | 0.019 |
| Insufficient payload (model declined to judge) | 0.006 | 0.002 |
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.
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".