[Avodah] kim li

[Eli Turkel]

Actually, qim li only works if you can bring a shitah that was not yet
retired through halachic process. Someone need not give up property by
being forced to pasqen one way over the other; but both ways have to
be valid pesaq!
So, if "all" posqim of our generation agree, the opinions of earlier
acharonim would not come into play.
In terms of a Torah gov't... I would think that the governmental pesaq
would be forced to be accepted. Qim li also doesn't overrule hefqeir
beis din hefqeir, which our 7 tuvei ha'ir based gov't could invoke.

To the best of my knowledge kim li applies to any 2 recognized poskim after
the SA. Only the SA overrides previous opinions not the unanimous opinions
of the present generation

hefker bet din hefker applies only to individual situations. 7 tuvei
ha'ir cannot
issue new rules that override the gemara. In particular they cannot allow
davar shelo ba leolam or allow computers to make kinyanim without human
intervention. As poskim state if they could then just throw CM away.

In fact the Ran seems to allow the king to make laws that override halacha.
Most later poskim do not accept this Ran exactly on the grounds that it makes
CM unnecessary

-- 
Eli Turkel