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hot take: get rid of legal questions
#8

The problem this is trying to address is cultural rather than legal. I think TSPers tend to go to the Court as a first resort far too often, but just changing which official we go to for dispute settlement won't actually do anything about the underlying problem. The best course of action is for the Court to reject petitions to hear cases that would be better resolved politically, even if they technically have the jurisdiction to hear them. We can offer guidance in our laws to do that, but it's ultimately up to them to prevent the Court from being used this way. In the real world, we have stronger political question doctrines and the concept of ripeness. We don't have super well-developed versions of this in our own jurisprudence, yet.
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Messages In This Thread
hot take: get rid of legal questions - by Nakari - 08-08-2022, 06:39 PM
RE: hot take: get rid of legal questions - by sandaoguo - 08-21-2022, 02:23 PM



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