cthia wrote:munroburton wrote:As for the legality of secession, what if the Solarian League constitution has something similar to Article 50 from the EU's Lisbon Treaty?
http://www.lisbon-treaty.org/wcm/the-li ... le-50.html*****quote*****
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
*****quote*****
Beowulf's constitution is older than the League's. Beowulf was a League founding member. It certainly wasn't ever subject to whatever loopholes OFS used to take control of independent verge systems, make them protectorates and then eventually members. In other words, any legal objections raised by the Mandarins using those as a basis might simply be invalid, inapplicable and unenforceable.
IOW, Beowulf's constitution supersedes the League's.
However, where does that leave the other systems who cannot claim that fortunate loophole?
Not necessarily. The League's constitution would control how systems can leave. Only if it had wording similar to the EU's current Constitution stating members must withdraw according to their own constitutions would the individual system constitutions matter.
Munroburton was speculating that
if the League had that seemingly innocuous wording OFS could have perverted it into a loophole by rigging the constitutions of any systems under protectorate status before they were allowed to graduate to full members of the League. If they become members with a system constitution that makes it effectively impossible to request to leave and also impossibly to modify that condition then it doesn't mater (for them) how permissive the League written exit policy is.
But that's a
huge "if" - there's simply no text-ev or posts I know of that detail the withdrawal language of the League Constitution.
We can make some assumptions about it based on the situation when the Constitution was drafted. The early League was closer to an alliance than a true government. The relatively few systems forming it realized that the improvements in hyper travel made coordinating possible, and the devastation of Earth's Final War made it seem a good idea. But these were systems that had centuries of stable prosperous independence (League wasn't founded until the 9th century of the diaspora) and would be very gingerly feeling their way towards some level of common action.
They weren't trying to form a centrally controlled single nation, it was very much a conglomeration of independent and sovereign systems who retained almost complete internal sovereignty only agreeing to a common foreign policy and some trade agreements (all subject to veto by any single system -- to further avoid the chance that one's sovereignty could be infringed rather than temporarily and voluntarily yielded)
Given all the work they put into making sure that their sovereignty would remain inviolate I can't conceive of them then putting lots of restrictions on their ability to leave this nascent League - as that's the ultimate exercise of their independence. (When writing the constitution they seem much more worried that they'll be forced into something than that some hypothetical future system might join for a temporarily advantage and then leave; having somehow 'ripped them off')
This League formation is about the farthest thing imaginable from the bloated voracious central bureaucracy that League government evolved into over the roughly thousand years since it was formed. But even so we're told that it
still has virtually no power, even in unwritten practice, on the internal rules and processes or full members; that's all focused out on the frontiers where systems become protectorates against their will to be exploited by transtellars.