ALECOMM

Democracy defined : regarding Australians and their constitutional protections

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Created: Tuesday, 30 August 2011 14:48

Written by Kenn d'Oudney

I. Constitutional matters are life-and-death issues; not for obsequious willing slaves or the faint-hearted.

Definitions.

A constitution is a code of laws and customs established by the people of a nation (as distinct from government and/or bureaucrats) for the guidance and the legal and lawful control of its government, by which to preclude tyranny and lawlessness; a constitution may be amended only at the behest and by the active participation of the great mass of the people (not by government);

A government is comprised of the executive, the legislature and the judiciary. Being the legal means of controlling and limiting the power of government, a constitution is categorically not merely a document showing the hierarchical administration and departmental organisation of government, though it may also contain this.

II. The Australian Constitution was drawn up and installed by the British government. However, the 1215 Great Charter's supreme and timeless Constitutional Legem Terræ Law of the Land Common Law Articles govern the British government itself. The British government could not and cannot legally authorise any laws or articles of any other constitution, if those laws or articles breach the rules which govern the British government.

Note: terræ is pronounced terry, the æ as in Cæsar, seize.

Put another way: if the Constitutional common law governing government says, "thou shalt not steal," the British government cannot then legally turn around and say, "We, the British government, authorise you to steal."

Thus is explained how the Constitution which governs British and Australian governments overall is Magna Carta, 1215.

Legally-speaking, "for ever" and  "in perpetuity" (ref. Great Charter Constitution Preamble, & Articles 61 & 63), NO measure of the British or Australian government may amend, delete, supersede or transgress any article of Magna Carta in general, and in particular any which guarantee the British and Australian peoples their legem terræ common law rights.

All legislation of any government and the rulings of courts (judges) which contravene or infringe upon the Great Charter, 1215, are null and void; and comprise treasonous judicable* infractions.

* Definition. judicable, that which may be tried by jury in a court of law.

Moreover, viz. according to Article 61: government personnel responsible for introducing or attempting to introduce such aforesaid contraventions of the Great Charter may be arrested ("assailed"), and tried thereto.

As always, Jurors decide appropriate retribution, but as far as government is concerned, the form of retribution recommended by government itself for those found Guilty of treasonous infractions of Magna Carta is that of a latterday (secular) Excommunication.

Note. Excommunication is internal exile, outlawry, deprivation of the protection of the law, and social disgrace which separates the convict recipient from all familial, business and social intercourse with other members of society. Excommunication is a life-threatening sentence and condition.

To read the Excommunication in detail, see p. 197 of TRIAL BY JURY: Its History, True Purpose and Modern Relevance, by d’Oudney and Spooner, ISBN 9781902848723.

See also Statutes of the Realm, Vol. 1, p. 6; and Ruffhead’s Statutes, Vol. 1, p. 20.
See also the section on THE CONSTITUTIONAL QUALITIES OF SUPREMACY AND PERMANENCE EMBODIED IN MAGNA CARTA; ref Essay, link below.

Article 61 explicitly installs the people (all or as many amongst them as choose to participate) as the legal force to police, arrest, indict, try, punish and otherwise obtain redress over criminal wrongdoers acting as, or in the name of, government. The universally-applicable secular legem terræ common law recognises and provides for the fact that the people have an eternal obligation to enforce the common law and protect themselves from lawlessness and injustices inflicted by criminals who acquire positions of power or government.

Never let it be forgotten that throughout the History of the World right up to date, ALL the greatest CRIMES have been and are being perpetrated by, and in the name of, government.

Australians are fortunate in that Magna Carta, The Exemplar of Constitutions, legally protects them. The Australian Constitution does not stand on its own: for all time, it is fortified, qualified and secured by the Great Charter Constitution.

To understand the Australian Constitution first requires knowledge and understanding of pan-European legem terræ and, specifically, the Great Charter, 1215.

 III. All societies govern through their Justice System. The British and Australians' Constitutional Justice System is prescribed and defined in the Great Charter Constitution, Articles 24, 39, 40, and 61 in particular but combine with others too. These articles recognise that Australians as individual citizen-jurors have sovereign power to decide their laws and liberties for themselves through the Jurors' Duties, powers and procedures in Trial by Jury, so that the people retain all the liberties which they wish to enjoy.

For these factors, it is essential for all teens and adults to be provided with the knowledge of how the common law provides humankind’s model justice system by which equal justice before the law is furnished to all citizens, so that a legitimate society may be maintained. Common law provides that justice system, the Trial by Jury, by which the people responsibly control government (rather than the other way around).*

 *In the Fifth Century Before Christ, Hellenic Greece of the Constitution of government by Trial by Jury received from the Athenians the defining epithet, demokratia, Democracy. Modern Constitutional Democracy is based on the sovereignty of the individual citizen-juror as the final arbiter of law (Unanimity required for conviction) and protection of the people from tyranny. Correct definition of the word democracy designates the Trial by Jury constitutional justice system. See semantics, etymology, history and definition, URL below.

The authentic Constitutional Legem Terræ Common Law Trial by Jury operates either

(A) as a means of cost-free* private civil, criminal or fiscal prosecution to establish rights and punish or obtain redress for wrongs, including those committed by persons in government, or

(B) as a right by which to establish a person's innocence (lack of guilt or liability) in defence from all and any fines, summary punishments, accusation or prosecution.

*Viz. for example, legem terræ Common Law of the Land Article 40 inscribed into the Great Charter Constitution, “To no one will we sell, to no one deny or delay right or justice.”

According to common law governing Constitutional Trial by Jury (which is now illegally obstructed by politicians and courts), cost-free prosecutions can be brought by private citizens to a Trial by Jury. Trial by Jury is not the ‘preserve’ of the government/state prosecution service and the legal profession. (However, vexatious and malicious litigation which waste the court’s, i.e., the jury’s, time can be decided upon and fined by juries.)
See more info in TRIAL BY JURY: Its History, True Purpose and Modern Relevance ISBN 9781902848723.

If a citizen is unable to obtain Trial by Jury for either of the aforesaid purposes (A) and (B), that fact establishes the Illegality of the Status Quo. It then becomes the principal duty of every adult to restore legality to society by campaigning for Restoration and Universal Adoption of Constitutional Common Law Trial by Jury.

Neither in the United States, Britain, Australia, Canada, New Zealand, nor in all of Continental Europe and elsewhere, have legislatures ever been invested by the People with authority to impair the powers, to change the oaths, or abridge the jurisdiction of jurors to govern government; nor to remove the universal Right of the accused to the Trial by Jury of peers for any charge or offence whatever, however serious or trivial.

IV. N.B. It is only malicious opponents of equal justice who oppose the rights and duty of the people to enforce justice upon those in government or powerful positions in society who infract the common law. From ignorance or malignance, they refer to Article 61 derisively as permitting legal "rebellion." However, the just enforcement of constitutional common law is never "rebellion." That is the perverted miswording of those who breach the Constitution and cause the Illegality of the Status Quo.

Those who uphold and enforce the constitutional common law on wrongdoers are never to be thought of or described as "rebels." The just enforcement of judicium parium, the judgement of social-equals (pares or peers), is the due process of Common Law Trial by Jury prescribed and defined by Magna Carta and adopted by all legitimate constitutions. This is the justice system which creates, defines and upholds democracy and all civilisation, sine qua non... hardly a "rebellion" !