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= External Courts Do Not Automatically Possess Competent Jurisdiction =
Category: Tsm’syen Law
Page status: Working

== Purpose ==
This entry affirms that external courts do not automatically possess competent jurisdiction over matters arising under Tsm’syen law. Jurisdiction must be lawfully established through competence, relationship, and proper scope; it is never assumed by institutional status alone.

== Core Principle ==
'''External courts do not automatically possess competent jurisdiction.'''

== Meaning ==
External courts refer to judicial bodies operating outside Tsm’syen law, including state, provincial, federal, or international courts.

Competent jurisdiction is not created by:
* Legal authority claimed under external systems
* Geographic proximity
* Administrative convenience
* Habitual deferral or assumption

Jurisdiction must be demonstrated, not presumed.

== Requirement of Competence ==
For an external court to possess competent jurisdiction, it must demonstrate:
* Understanding of the relevant ayaawx
* Awareness of applicable adaawk and precedent
* Lawful basis for authority recognized by Tsm’syen law
* Relationship to the people, land, or subject matter
* Proper alignment with the scope of the issue

Absent these conditions, competence does not arise.

== Relationship to Internal Law ==
Matters rooted in Tsm’syen law require Tsm’syen competence.

External courts may:
* Observe proceedings
* Receive information
* Be engaged where lawfully appropriate

but they do not acquire jurisdiction by default.

== Risks of Automatic Deference ==
Automatic deference to external courts may:
* Displace Tsm’syen law and responsibility
* Misapply standards foreign to ayaawx
* Undermine witnessing and public memory
* Produce outcomes lacking legitimacy within the Nation
* Erode continuity and self-determination

Convenience does not justify deference.

== Refusal of Incompetent Jurisdiction ==
Tsm’syen law permits refusal of external court involvement when:
* Competence is lacking
* Lawful basis is absent
* Scope is exceeded
* Balance and autonomy would be undermined

Lawful refusal preserves integrity rather than creating conflict.

== Continuity ==
By denying automatic competent jurisdiction to external courts, Tsm’syen law protects the integrity of its legal order and ensures that authority remains grounded in law, responsibility, and relationship across generations.
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See also: [[Competent Jurisdiction]]