The courts are incapable of refactoring by design. They can only decide the cases litigated before them, they can't take a holistic view of the legislation and

The courts are incapable of refactoring by design. They can only decide the cases litigated before them, they can't take a holistic view of the legislation and put forward coherent reforms. In my career I have never seen messy refactorings go well. They are carefully planned and executed piece of by piece instead of throwing everything out of the window.