Macronational privilege

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Macronational Privilege as a term in Micronationalism is the idea that the law of the macronation of which the micronation had declared independence from should be incorporated into the law of the micronation too. Essentially, a micronation that "declares independence" from the United States should still obey and comply with all the laws and policies of the United States. Different micronations have different ways of dealing with macronational privilege.

Anti-Macronational Privilege

Micronations such as Sealand oppose macronational privilege and thus feel the need to make a full legal system from the ground up. Anti-macronational privilege micronations refuse to acknowledge that they are legally under the control of their macronation. It is for this reason that such micronations are Secessionist and refuse anything that could threaten their "sovereignty".

Arstotzkan Union

The Arstotzkan Union did have macronational privilege as a part of its legal system for a few months. The Amendment of Law, the countries first legal document that wasn't the Constitution set up laws from New Zealand to be apart of the Arstotzkan Union, however this idea was only temporary. By 2020 the idea of Arstotzkan sovereignty extended to its legal system and it became a movement to accept the idea of full autonomy and sovereignty over the nations legal system. The first draft of the Declaration of Independence, Sovereignty and Freedom enacts this idea by stating "We, the populace of The Independent Federal Republic of the Arstotzkan Union, see ourselves as free from the State of New Zealand. All lands and or territories are independent of New Zealand. All control of these territories will be handled by the Arstotzkan Federal Government. Policing and other judicial laws shall be carried out by the people. The New Zealand Government, Police, Defence Forces, shall under no circumstance, control the nation so long as this document is in act [...]"

More recently this idea of macronational privilege has been put forth to the Supreme Federal Court which is hearing a case on whether New Zealand law has any jurisdiction in the Arstotzkan Union[1].

Macronational Privilege Micronations

Other micronations acknowledge that their greater authority is their macronation and thus choose to incorporate all their macronational laws into their constitution or design a legal system in ways that allow the people to follow them.

Empire of Adammia

Macronational privilege in the Empire of Adammia is a legal term which refers to the constitutional rights afforded to people who are landowners in Adammic territory according to macronational law, as well as the nominal supremacy of macronational law in general. Whilst the intent behind the principle is to reduce the chance of a legal conflict between Adammia and its macronational neighbours (mostly the United Kingdom), it has major consequences in greatly limiting Adammia's effective sovereignty over the territory it claims. In their article on law and order, Adammia says, "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."

Floroistan

Floroistan also implements macronational privilege to prevent conflict. According to their article, "Floroistan follows the Swedish law system." This can show that Floroistan does not wish to cause conflict with their greater macronation, Sweden. It is also clear that the Floroist Legislature (if there is one) does not want to make any contrasting laws. To make an entire legal system from the ground up is time-consuming and tricky, so keeping to the macronational law can certainly take off pain from the citizens of Floroistan and keep the micronation stable.

Sancratosia

The Sancratosian legal system foresees the use of macronational law in the absence of Sancratosian legislation. Contrary to other micronations, macronational laws from other jurisdictions are to be considered first such as Monegasque law and French law and, in their absence, Canadian or Quebec law. However, for matters pertaining to the operation of Sancratosia on Canadian territory, the macronational laws of Canada and Quebec shall be considered first.[2]

Strathcona

The Constitution of Strathcona stipulates that every Strathconian citizen must abide by Canadian federal and provincial laws. The same rule applies to its citizens living abroad with regard to the laws of their home countries. The Strathconian government also reserves the right to deny or revoke citizenship of any citizen convicted of a criminal offense.

Marbordo

The preamble of the Socialist Constitution of Marbordo defines the state as a legal entity under Canadian law, and operating completely within the boundaries of the law. In a similar fashion to Strathcona, the Marbordan government also reserves the sole authority to deny or revoke citizenship of any individual convicted of a criminal offense.

References

  1. Richardson v. Attorney General SFCAU BCJ 1 A.U.L.R 3 (2024)
  2. Principality of Sancratosia (1 December 2021), "Considerations in the absence of Sancratosian law", sancratosia.org