The purvey of the court in the production of its procedures is necessary for the simple reason that courts function via-negativa: as findings of fact in the resolution of disputes, by the single test of reciprocity.
The production of commons, by council, thang, senate, or house in the production of its procedures is necessary for the simple reason that the commons is produced via-positiva: as agreements on the seizure of potential opportunities given limited resources to invest.
As far as I know the criteria of decidability remains the same no matter the scale and organization of the means of arriving at a decision.
We adjudicate certain measures in one court, or a series of courts, depending upon the scale of its affect.
We contract for certain commons in one Thang, or many Thangs, depending upon the scale of its affect.
Among the classes (martial/masculine, commercial (neutral) and familial(priestly/female), we must often vary the means of decidability in order to preserve reciprocity.
In all cases we create procedures to preserve reciprocity while producing the returns of aggressive via negativa, and opportunistic via-positiva.
So the constitution (the milita’s self insurance) provides the principle organizing method. ALl else is via negativa and via positiva procedure so that the reciprocity necessary for sovereignty under a universal militia insuring one another’s sovereignty, is preserved through the institutions that allow that militia to scale and thereby create the returns on their singe most important investment: reciprocity of sovereignty.
(Note that I never fall into pragmatism throughout…..)