The TSNS Doctrine
This page sets out the foundational legal doctrine of The Sovereign Nation of Shetland (TSNS). It concerns title, jurisdiction, and the lawful basis upon which authority is exercised in Shetland.
The doctrine is evidential, juridical, and non-confrontational. It does not deny institutions or political sovereignty. It requires only that authority, where asserted, be capable of lawful proof.
Core Principles
- Sovereignty and jurisdiction in Scots law rest upon demonstrable title.
- Jurisdiction cannot arise from assumption, habit, or administrative assertion.
- Where title is relied upon, it must be produced and examined.
- Silence does not constitute proof.
- Compliance does not imply consent or admission.
Doctrine v2.1
The doctrine below is the current version adopted by TSNS. It is designed to be legally disciplined, evidentially grounded, and suitable for constructive engagement.
1. No challenge to sovereignty as a political concept
TSNS does not dispute sovereignty as a political or constitutional concept, nor does it challenge the legitimacy of the Crown or governments as institutions elsewhere in Scotland or the United Kingdom. TSNS makes no claim to governmental authority, de jure sovereignty, or the replacement of existing institutions.
2. Evidential challenge limited to title in Shetland
TSNS challenges only the evidential basis of title upon which jurisdiction and contractual capacity in Shetland are presumed to rest. Under classical Scots law, authority over land presupposes allodial ownership. Sovereignty, jurisdiction, and lawful capacity are inseparable from demonstrated title.
3. Reliance on classical Scots law authorities
Institutional sources of Scots law identify ownership of land as the legal foundation of authority. These authorities identify the 1669 pawning instrument as the principal historical foundation upon which the Scottish Crown’s claimed right in Shetland is said to rest. As a pawning instrument, it does not of itself demonstrate the transfer of allodial ownership.
For clarity: the 69 pawning document (often referred to in discussion as “the pawning document”) is a pawning instruments, not a transfer of ownership. We recognise the fact that are two pawning documents, one in 1468 concerning Orkney and one in 1469 concerning Shetland. There are significant historical differences between the two which restrict our consideration to the 1469 document, but in general terms the evidential requirement applies to both.
4. Distinction between presumption and proof
TSNS observes that authority in Shetland has historically been exercised on the basis of presumption, judicial acceptance, and administrative continuity, rather than on the production of documentary proof of allodial title. TSNS withholds presumption pending proof and does not assert conclusions beyond the evidence.
5. Contractual implications of unresolved title
TSNS proceeds on the basis that institutional and commercial relationships affecting land and seabed in Shetland are contractual in nature and presuppose lawful capacity grounded in title. Where such title is unproven, contractual authority cannot be presumed to be exclusive or complete. The unresolved allodial interest of the people of Shetland therefore remains materially relevant.
6. Incremental and conditional engagement
TSNS adopts a disciplined, incremental approach. It engages constructively but conditionally with existing institutions, regulators, and counterparties, requiring proof, acknowledgment of unresolved interest, or lawful accommodation where appropriate. TSNS does not seek abrupt rupture or disorder.
7. Evidential responsiveness and doctrinal discipline
TSNS recognises that questions of title, authority, and jurisdiction are evidential in nature and may develop as further documentation, judicial consideration, or lawful recognition emerges. The doctrine is accordingly evidentially responsive, and is maintained and refined in accordance with law, fact, and demonstrated proof, rather than ideological commitment.
8. Public interest and future determination
TSNS recognises that foundational questions of title and authority resolve incrementally through evidence, contract, judicial consideration, and public understanding. Any future constitutional or governance arrangements for Shetland must ultimately reflect the informed will of its people. TSNS preserves that space without predetermining outcomes.
Scope of the Doctrine
The TSNS Doctrine applies wherever authority is asserted over people or land in Shetland, including (but not limited to):
- taxation and revenue administration
- local government and council powers
- courts and enforcement procedures
- planning, land use, and environmental regulation
- seabed, infrastructure, and land-linked commercial arrangements
In each case, the doctrine insists on lawful process, evidential clarity, and proportionality before enforcement.
Status of This Doctrine
This doctrine is the foundation of Shetland First as a civic movement. As the movement develops toward political representation, this doctrine remains its constitutional and legal anchor.
The full doctrinal text, citations, and supporting evidence are developed in the sections linked below.