1,720,956 research outputs found
Roncarelli’s Green Card: The Role of Citizenship in Randian Constitutionalism
No full textThis article investigates the distinct character of Randian constitutionalism and how it may have been inspired by American discourse on constitutional values. More specifically, the author examines how Justice Rand’s brand of constitutionalism is distinguishable from the more dominant strain of Diceyan constitutionalism that was prominent among Canadian jurists during the twentieth century. The author argues that the difference between Randian and Diceyan constitutionalism can be explained largely by the central role that “citizenship” played in Justice Rand’s understanding of the Canadian constitutional order.The author further argues that Justice Rand did not invent his conception of citizenship, but borrowed it from American constitutional jurisprudence regarding the Fourteenth Amendment to the Constitution of the United States. Accordingly, Justice Rand’s opinion in Roncarelli and other cases shows how his constitutional vision was shaped by a series of strong dissenting opinions concerning the now-defunct Privileges or Immunities Clause in the Fourteenth Amendment. By doing so, Justice Rand sought to install in Canadian public law the same fundamental principles of equality and non-discrimination that the American Congress intended to establish by adopting the Fourteenth Amendment.Cet article étudie le caractère distinct du constitutionnalisme randien et examine comment il a pu être inspiré du discours américain sur les valeurs constitutionnelles. Plus précisément, l’auteur examine les distinctions entre les approches constitutionnelles randienne et diceyenne, cette dernière étant proéminente parmi les juristes canadiens du vingtième siècle. L’auteur soutient que la différence entre les constitutionnalismes randien et diceyen s’explique en grande partie par l’importance qu’accordait le juge Rand à la citoyenneté dans sa conception de l’ordre constitutionnel canadien.L’auteur fait aussi valoir que le juge Rand n’a pas inventé sa vision de la citoyenneté, mais l’a plutôt empruntée à la jurisprudence constitutionnelle américaine traitant du Quatorzième amendement de la Constitution des États-Unis. Par conséquent, l’opinion du juge Rand dans Roncarelli et dans d’autres affaires montre comment sa vision constitutionnelle a été influencée par une série d’opinions dissidentes relatives à l’ancienne clause « privilèges ou immunités » du Quatorzième amendement. Le juge Rand cherchait ainsi à incorporer au droit public canadien les mêmes principes fondamentaux d’égalité et de non-discrimination que le Congrès américain avait voulu établir en adoptant le Quatorzième amendement
Administrative Constitutionalism and the Unity of Public Law
Full text linkPublic law scholarship in the common law tradition often aims at elucidating a connection between law and constitutional values like equality, due process, and the rule of law. However, in their quest to reveal the morality of public law, common lawyers often focus their attention on judicial interpretations of constitutional values to the exclusion of other sources of constitutional jurisprudence. The author argues that the traditional fascination with courts as the primary or exclusive arbiters of constitutional values should be tempered and supplemented by recognizing the valuable contributions of administrative officials who interpret and enforce constitutional norms when exercising statutorily delegated legal authority. By drawing attention to the contributions of the Canadian Human Rights Commission and Tribunal in advancing equality rights, the author argues that recent decisions from the Supreme Court of Canada which recommend judicial deference to reasonable, proportionate, and contextually sensitive administrative decisions concerning human rights, instead of resorting reflexively to correctness review, will serve to strengthen the moral unity of Canadian public law
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
RETHINKING THE DICEYAN DIALECTIC
No full text This essay identifies a blind spot in administrative law theory concerning the legitimate legal authority of administrative institutions. More specifically, the essay examines the root cause of this blind spot, arguing that it is attributable to A.V. Dicey's constitutional theory, which asserts that the English constitution rests upon the legal principles of parliamentary sovereignty and the rule of law. Dicey argued that the existence of administrative law was precluded by the nature of the English constitution, because it assigned exclusive legal authority to either Parliament or the common law courts. The essay criticizes Dicey's argument on two separate grounds. First, it argues that Dicey's theory was empirically mistaken, because it does not adequately account for common constitutional practices whereby legal authority is delegated to administrative institutions. Second, it argues that one can gain a better understanding of Dicey's theory if it is recast as a contestable political statement regarding the legitimacy of the administrative state. By engaging with Dicey's controversial ideological assumptions, we can set the stage for a more elaborate and robust constitutional theory that can better explain and justify the legitimacy of administrative authority. </jats:p
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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