Urabbaparcensian legal system
The legal system of the Enactorate of Urabbaparcensia (formerly Urabba Parks Pty Ltd) has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the Australian legal system. Urabbaparcensia is a common-law jurisdiction, its court system having originated in the common law system of English law. The micronation's common law is enforced uniformly across the states (subject to augmentation by statutes).
Legal status
Urabbaparcensia has status in Australian law as Urabba Parks Proprietary Limited as a company registered under the Corporations Act 2001 of the Commonwealth of Australia and incorporated in the State of Victoria. Urabba Parks Pty Ltd is also a registered charity under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth and is regulated by the ACNC.[1]
Constitution
Urabbaparcensia is governed by a Constitution, which establishes it as a "non-state jurisdiction" with its own legal system, a Parliament, Executive Government and Judicature. The jurisdiction is created by the agreement of jurisdiction, which is contained in subsection 7(2) of the Constitution,[Constitution 1] which provides that each party agrees to appear before judicial bodies in the case of "answering any charge of an offence against the law of Urabbaparcensia, or any appeals from any judgment, order or sanction so given in respect of a proceeding", and to public arbitration of matters arising under the law of Urabbaparcensia.
Sources of law
Subsection 10(3) of the Constitution provides for several sources of Urabbaparcensian law.[Constitution 2] The law of Urabbaparcensia includes:
| Provisions of the Constitution falling in an entrenchment, provided that a provisions shall be of no effect to the extent the provision is inconsistent with a provision falling in another entrenchment above or falling in the entrenchment - an 'entrenchment item' is an item in the table in Schedule 2 of the Constitution[Constitution 3] |
| Laws of non-state jurisdictions with legislative rights over Urabba Parks - this allows for the application of laws of other companies that. by reason of holding the share designated as succeeding to the Enactorship and like holders of like rights in those companies, where legislative rights have not been abrogated |
| Provisions contained in enactments of Urabba Parks other than those actually expressed in the Constitution falling in an entrenchment, provided that a provision shall be of no effect to the extent that the provision is inconsistent with a provision falling in another entrenchment above or falling in the entrenchment - this allows for the entrenchment of some Acts of Parliament of Urabba Parks dealing in entrenchable matter as defined in clause 3 of Schedule 2 of the Constitution[Constitution 4] |
| Provisions actually expressed in the Constitution |
| Enactments of Urabba Parks as made by the Parliament |
| Precedents binding on the judicature of Urabba Parks - this allows for decisions of courts to have the status of stare decisis, building up a "common law" of Urabba Parks |
| Provisions in the Corporations Act 2001 of the Parliament of the Commonwealth that would apply as mandatory rules or replaceable rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth, excepting Replaceable Rules that affect the appointment or term of a director, secretary or other officer - this allows for the application standard governance provisions in Australian company law in cases where Urabbaparcensian law is silent on the matter |
| Law and rules existing at the establishment of jurisdiction (being 5 March 2021, the day of adoption of the Constitution) - this allows for the application of unwritten laws existing at that date, subject to their being repealed by legislation |
References
- ↑ Charity register >> Urabba Parks Pty Ltd. Retrieved 26 July 2022