Law of Adammia

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The legal system of the Empire of Adammia is a statutory civil law system. There is a strong tradition of filling gaps in legislation through informal conventions; these are often later formalised and turned into legislation, but carry no real legal weight on their own. The entity responsible for handling most judicial issues in Adammia is the Grand Court - it deals with all civil and criminal cases arising from primary legislation (Acts of Council and Imperial Decrees). The judge of this court is the Monarch, with the Chancellor as a backup judge. The Supreme Directive permits the creation of lower-level courts, for which the Grand Court would be a court of appeal, but no such courts have yet been created. In cases where the Supreme Directive may have been violated or interpretation of the Supreme Directive is required, responsibility instead goes to the Office of State, which has the power to act as a constitutional court, with the Chancellor acting as judge. In theory, this is to prevent the Monarch from violating the Supreme Directive and then using their position as judge of the Grand Court to acquit themselves.

In practice, due to a lack of legal disputes, no court in Adammia has yet heard a single case to date; crime is virtually non-existent and most issues that do arise are settled either by passing emergency legislation or by arriving by consensus on an aforementioned informal convention.

Basis

Legal continuum

Adammic law derives its legitimacy from the Supreme Directive, the Empire of Adammia's constitution. Adammic political thought holds that the ratification of the Supreme Directive on 19 April 2013, backed by the criteria of the Declarative Theory of Statehood under the Montevideo Convention of 1933 using territory claimed by right of conquest, established the statutory framework - known as the legal continuum - from which all Adammic law can be derived.

Supreme Directive

The original Supreme Directive allowed itself to be amended by the head of state, and, later, by referendum. This was used as the basis for the referendum on 30 June 2013, which replaced the original Supreme Directive with the first version of the current document. This essentially repealed most of the original Supreme Directive, except for the opening lines which declared the existence of the state, and enacted the new Supreme Directive from there. The vast majority of Adammic law comes from primary legislation enacted under the statutory framework created by the Supreme Directive.

Macronational law

The Supreme Directive states that the laws of surrounding macronations should be upheld. The Empire can create law which contradicts macronational law, but macronational law holds precedence, and contradicting it only amounts to a symbolic gesture. This means that macronational law - which, in most parts of Adammia, is English law - is de-facto part of Adammic law. However, the Adammic government does not enforce macronational law, though it does obey it for the most part. Macronational law is not de-jure considered part of Adammic law and it is not codified by Adammia.

Civil code

All Adammic law is supposed to be codified in the Codex of Adammic Law, which is the civil code maintained by the Office of State. However, the most recent copy dates from May 2015, and is severely out of date. All legislation passed is archived on the empireofadammia.org.uk website, but this is organised chronologically rather than by topic, and does not signify which sections have been amended or repealed since a given statute was enacted. This means that, until the Codex is updated, it is somewhat difficult to get an overall picture of Adammic law without first reading all legislation ever passed in Adammia.

Courts

Office of State

Main article: Office of State

The Office of State, alongside its many other functions such as organising elections, serves as the Empire's constitutional court, with the Chancellor as its judge.

Grand Court

The Grand Court is Adammia's main judiciary, responsible for all law except for constitutional law. Its judge is the Monarch, with the Chancellor as a backup judge.

Types of law

Criminal law

Very little law has been created concerning criminal activity since macronational law already covers most criminal behaviour. Legislation has, however, given separate micronational definitions to both treason and trespassing. Adammia has also created some additional crimes itself, such as Impersonation of an Armiger.

Company law

Company law in Adammia is distinct from macronational company law so as to allow companies to register in Adammia as opposed to London. The main source for company law is the Economy Act 2014. Besides a few basic obligations relating to registration, quarterly reports and the company tax, Adammic company law is relatively simple.

Administrative law

Administrative law is perhaps the most complex area of Adammic law, and a significant proportion of statutes are believed to relate solely to administration.

Constitutional law

Constitutional law, commonly known in Adammia as the fundamental law, relates to the Supreme Directive. It is closely linked to administrative law, as it lays out basic government structures which are then fleshed out by statutes concerning administrative law. It includes, in its current form, the Supreme Directive, its three Amendments, and the opening lines of the original April 2013 Supreme Directive.

Procedural law

There is no law currently in effect which governs court procedures; this is largely due to the fact that courts have never been needed in Adammia as there have never been any cases. However, procedures for creating statute law - specifically, Acts of Council - are well fleshed out by the Internal Procedures Acts 2014 and 2017. It is closely linked to administrative law.

Property law

The only area of Adammic property law which is distinct is land ownership law, which was created by the Land Ownership Act 2016. It defines two layers of land ownership - macronational and micronational - and mainly deals with how micronational land ownership works. Imperial Decree XXIV, which concerns protected objects, covers the status of objects owned by the Monarch, and as such could be considered part of property law.