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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • April 8, 2012

    The Court of Public Opinion

    What is the place of the court of public opinion in the judicial hierarchy? Sometimes, courts of justice are in effect sitting in appeal of judgments of the court of public opinion. This is perhaps the case in defamation cases, and most obviously in cases involving judicial review of the constitutionality of legislation. But sometimes…

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    Political philosophy, The Justice System
    courts, media, public opinion, social media
  • April 7, 2012

    How to Argue about the Death Penalty

    The NY Times has an interesting story today about two men who are leading a campaign in support of a ballot initiative that would abolish the death penalty in California – and who, in 1978, played key roles in the adoption of a ballot initiative that was meant to increase the use of the death…

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    Legal philosophy, Political philosophy
    argument, consequentialism, death penalty, justice, Thucydides
  • April 6, 2012

    Thoughts on Québec’s Bid for Gun-Registry Data

    As promised, a few thoughts on Québec’s claim that the destruction of the long-gun registry data is unconstitutional. In no particular order: This case forces the courts to grapple with the constitutional issues presented by co-operative federalism, of which the working of the gun registration regime seems to have been an example. Québec’s claim is…

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    Constitutional law, Federalism, Gun-registry litigation
    federalism, gun registry, Québec
  • April 5, 2012

    Québec Tries to Save the Long-Gun Registry

    With the angrily named Ending the Long-gun Registry Act, formerly known as Bill C-19, now law, Québec is fighting a rearguard battle to try to save “its” part of the registry. It is asking the Superior Court to declare unconstitutional s. 29 of Act, which provides for the destruction “as soon as possible” of the registry…

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    Constitutional law, Federalism, Gun-registry litigation
  • April 5, 2012

    Introduction: Why I Blog

    Anyone who considers starting a blog must ask him- or herself whether there is really a need, or at least a remotely decent reason for doing it. There are (almost) hundreds of millions of blogs out there, so why add to this mass? Shameless self-promotion is tempting of course, but it’s not a very good…

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    Uncategorized
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