The only governing legal mandate is preventing oppression and that means government arbitrators deciding who is screaming, "Help, help, I'm being repressed!" the loudest and with the most sincerity.
A system in which the authorities grant rights based on who can best make the case to them that their rights have been taken away is a bad idea. It's an especially bad idea in a system like ours which is rapidly sliding in a direction in which the authorities are the sole arbiters of who should have any rights at all. If your oppressed status depends on your oppressors determining whether you are truly oppressed, then the only people who will have rights are those people whose rights the oppressors have not taken away by certifying them as oppressed.
It would be a dreadful simplification to call this lunatic state of affairs Orwellian or even Machiavellian. It makes even Kafka's worlds seem positively stodgy by comparison. It is a trial where the only people to be found not guilty are those who already been convicted. It's a system that favors the people who claim to be dispossessed by the system. It is an absurd self-negation that exists as a mathematical impossibility and a living satire.