Legal philosophy
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The Public Good Trap
Why thinking that the public good is the measure of law and politics is a mistake Continue reading
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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles Continue reading
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Tanstaafl
What do a libertarian society and its laws look like? Thoughts on Robert Heinlein’s The Moon Is a Harsh Mistress Continue reading
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Interpretation and the Value of Law
Why the interpretation of law must strive for objectivity, not pre-determined outcomes Continue reading
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Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis Continue reading
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The Sex Appeal of Power
I’ve noticed a disturbing trend recently, in both politics and law. The idea is what I call the “one-way ratchet fallacy” of power. It goes like this: when an institution or entity obtains power of some kind, that power will only ever be used to fulfill certain goals rather than others. That is, people might Continue reading
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Antigone in Hamilton
The confrontation between New Zealand legal system and a family trying to bury a dead husband/father is eerily like Sophocles’ tragedy Continue reading
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A Citizen’s Guide to the Rule of Law
Introducing a chapter on the nature and importance of the Rule of Law Continue reading
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Can We Be Friends?: A Conservative Reply to Leonid Sirota’s “Refusionism”
This post is written by Thomas Falcone I was surprised, if a little taken aback, by Leonid Sirota’s recent declaration on Double Aspect that he is opposed to co-operation with conservatives whom he deems insufficiently committed to a rigid Hayekian philosophy. The reason for my surprise lay not in Sirota’s ideology laid bare – he Continue reading
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Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
Double Aspect 