[W]hen passing a law, we ought to say something about what we anticipate the results of passing that law to be, and have a convention of repealing laws that don't actually accomplish the thing that we said we were passing the law in order to accomplish.
I love this idea!
There would have to be a two sided test. A tort of ineffectiveness by which the plaintiff seeks relief from a law that fails to achieve the goals laid out for it. A tort of under-ambition by which the plaintiff seeks relief from a law that is immune from the tort of ineffectiveness because the formally specified goals are feeble.
Think about the American experience with courts voiding laws that are unconstitutional. This often ends up with the courts applying balancing tests. It can end up with the court ruling that yes, the law infringes your rights, but o...
Here's another installment of rationality quotes. The usual rules apply: