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The supreme court resolves questions, not cases. They resolve how the law can and should be interpreted, and then the courts decide the case with the Supreme Co
by everdrive 2y ago
The supreme court resolves questions, not cases. They resolve how the law can and should be interpreted, and then the courts decide the case with the Supreme Court's reading of the law.
- Maxatar 2y agoThis is untrue and creates a false dichotomy. The Supreme Court does resolve cases, and the manner in which they do so is by resolving legal questions.
- wahern 2y agoThis is true in some other countries where a high court (sometimes called a constitutional court) is often tasked with deciding the legitimacy of a law, the allowable scope of its application, etc, outside the context of a particularized, concrete dispute involving claims of actual or imminent harm or loss. (Often the context is settling a speculative dispute of authority between government branches.) Sometimes that might be the highest court's only job. That is definitely not how the United States Supreme Court operates, though some US state supreme courts will hear and issue opinions on purely abstract legal questions, especially if submitted by the legislature or some other office given special privileges.
- everybodyknows 2y agoSounds like excellent institutional procedure -- can you point to documentation that that is indeed the intended process?