Democracy defined : regarding Australians and their constitutional protections
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- Created: Tuesday, 30 August 2011 14:48
- Written by Kenn d'Oudney
Article Index
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" !
THE COMMON LAW IS THE CONSTITUTION.
The Great Charter of 1215 and the Australian Constitution which govern the modus operandi of all Australian government are founded upon Common Law Articles and install the Common Law Trial by Jury as the sole Justice System.
Assuming you are not misleading people deliberately, the depth of confusion in your mind is revealed by this sentence of yours: "That is if we continue to argue or revere the Australian Constitution we will continue to be in deep trouble and get deeper. The Australian Constitution is NOT and NEVER can be our saviour. The people’s Common Law is."
The common law in the Constitution is the law of all the people in common: it forms the Supreme Law for it binds all men and women including those in government, thereby legally controlling the government itself. Article 61 recognises and establishes that no one is ‘above’ the law of the land. No one who infracts legem terræ common law is ‘immune’ to prosecution. In recognition of this latter fact, the Common Law Trial by Jury Justice System is inserted into all legitimate written Constitutions as the sole justice system for all (unimpeachable) crimes civil, criminal and fiscal; viz. also the U.S. Constitution.
Trial by Jury forms a constitution of itself, providing the people in Juries with the means of judging, making and enforcing the laws, thereby constraining government to conform with the Will of We the People. Trial by Jury was adopted throughout all the countries of Europe, and it constitutes the real European Constitution.
"It cannot be denied that the practice of submitting causes to the decision of twelve men was universal among all the northern tribes (of Europe) from the very remotest antiquity."
Crabbe’s History of the English Law, p. 32.
"Among the Gothic nations of modern Europe, the custom of deciding lawsuits by a jury seems to have prevailed universally."
See Millar’s second volume of The Historical View of English Government, p. 296; &
Vol. 2, Palgrave’s Rise and Progress of the English Commonwealth; pp. 147-8, etc.
Although Common Law can be written approximately, it is not ‘a written law’. That law which is written down and enacted by parliaments and congresses becomes a statute: as such, it is not ‘common law’. Indeed, it is one of the Juror’s Duties definitive of Trial by Jury, to judge the justice of those laws which governments write down and seek to enforce on the People.
Likewise, the judiciary is an arm of government. Whatever a judge ‘rules’, it is an act of and by government. It is not ‘common law’. N.B. Genuine common law must be differentiated from that which modern government has corrupted by legislation; a counterfeit which is "common law" in name only. Common law does not include any statutes made by government nor ‘precedents’ or decisions made by judges.
By contrast, Common Law is expressed as the decisions of Jurors dictated by their conscience in the Trial by Jury: that is, the judgements (judicium; verdicts and sentences) produced by Jurors’ sense of right and wrong and fairness in the treatment of fellow citizens in every act of the enforcement of law. Legem terræ common law is created as the judgements of the people as Jurors in each Trial by Jury.
The Common Law Trial by Jury Justice System is the Mechanism through which Common Law is created, expressed, and the enactments of civilisation, liberty and equal justice are achieved. The Jury forms the Supreme Legislature and Judicature.
REFERENCES CONFIRMING WHAT COMMON LAW IS.
Here are some references confirming the common law is legem terræ and vice versa.
Sir Matthew Hale: "The common law is sometimes called, by way of eminence, lex terræ, as in the statute of Magna Carta, chap. 29, where certainly the common law is principally intended by those words, aut per legem terræ; as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III, chap. 3, which is but an exposition and explanation of that statute. Sometimes it is called lex Angliæ, as in the statute of Merton, cap. 9, Nolumus leges Angliæ mutari,' etc. (We will that the laws of England be not changed.) Sometimes it is called lex et consuetudo regni (the law and custom of the kingdom); as in all commissions of oyer and terminer; and in the statutes of 18 Edward I, and de quo warranto, and divers others. But most commonly it is called the Common Law, or the Common Law of England; as in the statute Articuli super Chartas, chap. 15, in the statute 25 Edward III, chap. 5 (4) and infinite more records and statutes."
1 Hale’s History of the Common Law, p. 128.
Crabbe: "It is admitted, on all hands, that it (Magna Carta) contains nothing but what was confirmatory of the common law, and the ancient usages of the realm, and is, properly speaking, only an enlargement of the charter of Henry I, and his successors."
Crabbe’s History of the English Law, p. 127.
Blackstone: "It is agreed by all our historians that the Great Charter of King John was, for the most part, compiled from the ancient customs of the realm, or the laws of Edward the Confessor; by which they mean the old common law, which was established under our Saxon princes."
Blackstone’s Introduction to the (Great) Charters; Blackstone’s Law Tracts, p. 289.
Coke (a High Court judge): "The common law is the most general and ancient law of the realm. The common law appeareth in the statute of Magna Carta, and other ancient statutes (which for the most part are affirmations of the common law) in the original writs, in judicial records, and in our books of terms and years."
1 Coke’s Institutes, p. 115.
Coke: "It (Magna Carta) was for the most part declaratory of the principal grounds of the fundamental laws of England. They (Magna Carta and Carta de Foresta) were, for the most part, but declarations of the ancient common laws of England, to the observation and keeping whereof the king (the government) was bound and sworn."
Preface to 2 Coke’s Institutes, p. 3.
Nota Bene: To judge the law, i.e., its fairness, validity, applicability, and legal meaning (interpretation), the Jurors are the sole legal judges prescribed by constitution and common law. For example, see the following from Gilbert:
"This position" (that the matter of law was decided by the justices [judges], but the matter of fact by the pares [peers, i.e., jurors]) "is wholly incompatible with the common law, for the Jurata [jury] were the sole judges both of the law and the fact."
Gilbert’s History of the Common Pleas, note, p. 70; and,
"The Annotist says, that this [i.e., whether jurors reflect upon the question of law] is indeed a maxim in the Civil-Law Jurisprudence, but it does not bind an English jury, for by the common law of the land the jury are judges as well as the matter of law, as of the fact, with this difference only, that the judge on the bench is to give them no assistance in determining the matter of fact, but if they have any doubt among themselves relating to matter of law, they may then request him to explain it to them, which when he hath done, and they are thus become well informed, they, and they only, become competent judges of the matter of law. And this is the province of the judge on the bench, namely, to show, or teach the law, but not to take upon him the trial of the delinquent, either in matter of fact or in matter of law."
Gilbert’s History of the Common Pleas, p. 57.
See TRIAL BY JURY: Its History, True Purpose and Modern Relevance, by d’Oudney & Spooner, ISBN 9781902848723.
See the constitutional, historical and law texts of Blackstone, Crabbe, Palgrave, Kelham, Mackintosh, Millar, Coke, Gilbert, Hume, Turner, Hallam, Stewart, Hale, et al.
THE POTENTIAL LETHALITY OF DISINFORMATION.
All the natural liberty, rights and equal justice of the civilised, definitively democratic society and the cherished heritage of "Australia, the lucky country," are available immediately once again when the People RESTORE and uphold their Constitution and its Constitutional Trial by Jury Justice System.
Yet you, alas, in order to persuade people that there is a basis for your fictions, adopt and support the Illegality of the Status Quo; you genuflect to the judges and legislators who spurn the Constitution with their illegitimate usurpations. Instead of justified vehement opposition, you shamefully accept the inadmissible "authority" of de facto corrupt criminals posing as 'judges': "the laws of colonial legislatures were tested against the Laws of England, by the relevant Supreme Courts Justices." You thereby contribute to the overthrow of Australian democracy.
The treacherous activity of gainsaying the Constitutional modus vivendi is a potentially fatal malignance which is currently vitiating the well-being of the entire populace. Whether from ignorance or by design, when individuals undermine the established legal, moral and philosophical supremacy of the secular Common Law Constitution governing us, they aid the malicious criminal intent of despots who seek impunity to overthrow the just Rule of Law which binds all men and women, and governs government.
Any person's participation in anti-Constitutional miseducation abets the downfall of the people's beneficent inherited Culture and compassionate Civilisation founded in Democracy's concomitant attributes of Human Liberty and Justice. Visibly foremost amongst the felons involved in the activities described, are politicians and judiciary. These latter are culpable willing servitors of the more discreet supra-national clique of private bankers of the new world order; the one world government dictatorship answerable to no one. The NWO operates through the privately owned-and-controlled Central Banks, the World Bank, and the International Monetary Fund supervising the United Nations Organisation treaties made binding upon populations by criminal national government politicians' collusive, illegitimate enactments.
Always bear in mind that the acts of legislatures and the decisions of courts can NEVER alter, amend or supersede in any respect the strictures of The Constitution. The rulings of courts and legislatures are not binding on a Jury. The Jury decides the law.
If, by illegal acts of tyranny, government oppresses members of the public, the appropriate response is to invoke the existing Constitution; to do all you can to educate the population; and elicit popular support. It is the act of a dishonest opportunist instead to endorse the fallacious and iniquitous government pontifications in order to try to gather support for your personal 'program'.
Likewise, debate on whether or not Britain has fully and finally devolved the legislative function of government to parliament in Canberra and/or the localised legislatures is irrelevant speculation. These issues give NO basis for, nor direction to, postulations about Constitutional matters.
Put another way: You must be aware that is one of the prime tenets of a genuine Constitution that judges and politicians are legally incompetent to interfere in the Constitution. All such matters require the participation of the adult population en masse. So, in the constitutional context, you find yourself going up a blind alley when you start quoting and debating "laws" passed by parliaments and "rulings" of courts. Legally, these cannot impinge upon or in any way affect the Constitution.
[(i) From the justice, experience and wisdom of our finest forebears, under the timeless pan-European Legem Terræ and our exemplary Common Law Constitution, it is intentionally non-government men and women who decide all law and constitutional issues within the Trial by Jury. Common law specificially excludes from Juries those who frame, make and enact legislation; see TRIAL BY JURY ISBN 9781902848723.
That is, governments retain the legislative function but not the judicial. Governments never admit their legislation could be unjust or oppressive: for this reason, the Constitution excludes government personnel from judging on the merit or otherwise of laws, conveying this judicial function and authority upon the people in Trial by Jury, to judge and if necessary to annul legislation and its prosecution.
(ii) Viz. Article 24 amongst others: The judiciary is an arm of government and for this reason (and others), the Constitution explicitly renders the convenors of courts (nowadays misnamed 'judges') legally impotent, and prohibited from deciding constitutional issues; and from intervening in Jurors' decisions over the law in due process, Trial by Jury.
Completely to the contrary of Gerrit's misleading opinion, the 'rulings' and 'interpretations' of the Justices (judges) of the High Court or any other judge are NEVER binding on the People. This is exclusively for the Jury to decide as convened in the Common Law Trial by Jury. Under the Constitution, the people responsibly control the government through the Trial by Jury, not the other way around. The people rule. This is definitive democracy.
(iii) There would be NO utility or justice in having a Constitution with its Constitutional Trial by Jury "to control and guide government" -- or any new constitution or 'Compact', or Gerrit's 'office of the guardian' -- if judges had final power to decide over constitutional issues and the law ! The whole point of the Constitution is that judicial Power is devolved to the people.
It remains a universal eternal criterion of justice recognised by our Constitution that: the validity and justice of laws and all acts of their enforcement require to be judged not by those who make and enforce the laws (government), but by those who voluntarily agree to abide by the laws (all the adult citizens). (Source : DEMOCRACY DEFINED ISBN 9781902848228).
Yet, Doug, you and Gerrit both abet the statists' crime by submitting meekly to the 'decisions' of corrupt judges who, for whatever motive, spurn the Constitution and overturn the just Rule of Law; e.g. Gerrit frequently opines along the lines that, "...the High Court of Australia in its own right determine the matter."
Gerrit's 'guardian' proposal is not only naïve and wrong, but it is also manifestly anti-constitutional. It removes the supreme decision from the People to decide their laws and liberties for themselves in Trial by Jury, and he invests importance in an 'official', a new bureaucracy and one permanently vulnerable to bribery, carnality, intimidation, and becoming a despotic government poodle, like the current judiciary.
As shown, there is no 'basis' for your illusory suppositions -- and no need whatever for your homespun 'Compact'. Yet, in order to persuade people to your unfounded viewpoint you adopt the politicians' mendacity and quote the judiciary's void rulings which are the very embodiment of the Illegality of the Status Quo. Amongst the other flawed, shameful opinions in your e-mail and 'compact', you say:
"the laws ... were tested ... by the Supreme Courts Justice(s);"
"the Constitution is a neutral document;"
"the legislatures are supreme"
In vain, you try to lend substance to your misconstrued ideas in the hope that credibility will accrue to your wildly apocryphal and de facto, treasonous, writings. By quoting their putrid pronouncements as if they are of some consequence -- instead of deriding them for the transparent subterfuge that they are -- you spread and give undeserved 'credit' to the lies of the government crooks and felons who are destroying our way of life.
[If the authentic Constitutional Trial by Jury were restored and functioning, there would be: no political prisoners; no innocent people in jail; no privately-owned banks involved in the issuance of national currency and credit; no interest on the same; no fictitious ‘National Debt’; no private-bank Fractional Reserve Lending (fraud); no common law Crime of Usury (money-lending-at-interest); and no involvement in illegal Wars of Aggression. (Just for starters.)
It would be far preferable if you [both] invested time into learning the basis of, and spreading the information about, the Universality of the timeless, eternal Secular Natural Law from which Common Law derives; and by which humankind shall achieve RESTORATION and UNIVERSAL ADOPTION of the nonpareil Constitution: The Constitutional Common Law Trial by Jury Justice System.
Only then do worldwide elimination of tyrannies and the Crimes against Peace and Humanity by politicians and governments, and permanent relative peace on Earth become feasible.
Yours sincerely,
Kenn d'Oudney.
----- Original Message ----- From Doug Harrison
Arguments/ debates and discussion re the claimed fact of the Australian Constitution being allied with our inherited laws of England, such as Magna Carta, Bill of Rights 1689 Petition of Rights 1627, Abolition of the Star Chamber 1641 etc. are historically fictitious.
Between 1823 and 1865, the laws of colonial legislatures were tested against the Laws of England, by the relevant Supreme Courts Justice(s). The Justice could declare a colonial law void or required the Monarch’s assent (or not). After 1865 re the Colonial Laws Validity Act, said no colonial law was then to be invalidated, excepting wherein Imperial UK statute law made with specific intendment for a colony or colonies, and this fact stated in the said Act, superintended any colonial Act but only to the extent of it being contrary to the UK Act.
[eg Laws to protect the Empire, British shipping and trade, British power moguls, British capital in the colony, and British banks were in the minds of the UK Parliament and Crown ---- sound like the modern NWO & World Government! ]
That is, after 1865, colonial legislatures could ignore our British heritage. Our Australian Constitution carried this situation through federation into our national legislatures both federal and States/ Territories.
BUT, if we retained the system of COMMON LAW with common law pleas and Trial by Jury of our peers/ neighbours, as of right, then colonial legislation would not automatically be the LAW of the LAND. Where a crime was claimed, and a Jury said that even with the fact and evidence no crime was found, then the statute law was NOT the law of the land --- in fact it was an ass, and was void and had never had any existence in law or before the people.
Today we argue against and about the power of the legislatures, which are supreme under the foundation ideals that were part of the drafting of the Australian Constitution.
We cannot win. The Courts and bureaucracy, including the police, are part of this constitutional state of affairs of each State and Territory and the Commonwealth that flows from the basis of the Australian Constitution. The whole system from the very basis of the constitution debate and thus the Australian Constitution itself is the problem. We the people have NO say, from 1 Jan 1901 till this moment!
Adoption of a people’s Common Law to reform and for the renaissance of our society is an absolute necessity.
IN the 110 years of the Australian Constitution, 60 year of positive development or defence of Australia has happened. In the last 40 years plus the 10 years of the Great Depression – bad ie 60 ‘good’ years vs 50 ‘bad’ years tells us the Constitution has no morality within; in fact it is a neutral document, usable in almost any manner.
That is if we continue to argue or revere the Australian Constitution we will continue to be in deep trouble and get deeper. The Australian Constitution is NOT and NEVER can be our saviour.
The people’s Common Law is. A draft proposal for such a COMPACT of the people of the Commonwealth of Australia is here given (see Attachment)
Doug Harrison Vic.
"Better never to vote at all than vote for a person who does not make EQUAL JUSTICE the prime aim of government by RESTORATION and UNIVERSAL ADOPTION of Constitutional Legem Terræ Common Law Trial by Jury."
Click to read about the authentic
Constitutional Trial by Jury Justice System.
Kenn d'Oudney is the author of books and essays including the following:
Kenn d'Oudney est auteur de livres et essais y compris les suivants:
Kenn d'Oudney ist Autor von Büchern und Essays einschließlich der folgenden:
MAGNA CARTA, THE GREAT CHARTER CONSTITUTION;
freely downloadable information about pan-European legem terræ common law, the Law of the Land, whose central tenet and sole justice system is the all-powerful People's Trial by Jury Courts, defining the true European and pan-Occidental Constitution.
http://www.democracydefined.org/democracydefinedmaterial.htm
"Thank you for your excellent work on Magna Carta. What a masterly exposition."
JOHN GOURIET, Chairman, Defenders of the Realm; Battle for Britain Campaign supported by The Duke of Wellington; Edward Fox, OBE, and Frederick Forsyth, CBE.
"Kenn, Your rebuttal is masterly. Your essay is a very good read."
ROBIN TILBROOK, Chairman & Party Leader; English Democrat Party.
"Thank you so much for this contribution. It is very much appreciated."
ASHLEY MOTE, MEP (Member of the European Parliament); Vice-President, Alliance of Independent Democrats in Europe.
"Thanks, Kenn. I've circulated this."
SIMON RICHARDS, Campaign Director; The Freedom Association; Founded by John Gouriet; the Viscount de L’Isle, VC, KG, PC; Ross McWhirter and Norris McWhirter, CBE.
TRIAL BY JURY: ITS HISTORY, TRUE PURPOSE AND MODERN RELEVANCE ISBN 9781902848723, with endorsements and edited section authored by U.S. lawyer Lysander Spooner;
http://www.democracydefined.org/2trialbyjury.htm
SRC Publishing Ltd., London, world distribution by LULU of North Carolina.
THE REPORT, CANNABIS: THE FACTS, HUMAN RIGHTS AND THE LAW 9781902848204, co-authored by Joanna d'Oudney; Foreword by a Nobel laureate former Official Adviser to the U.S. government; endorsed by a Professor of Physiology Fellow of the Royal Society, academics, doctors (of a variety of disciplines) and judges (U.S. & U.K.); 260 large-size pages;
http://www.democracydefined.org/1report.htm
"You have done a splendid job of producing a comprehensive summary of the evidence documenting that the prohibition of the production, sale and use of cannabis is utterly unjustified and produces many harmful effects. Any impartial person reading your REPORT will almost certainly end up favouring the re-legalisation of cannabis."
NOBEL LAUREATE PROFESSOR MILTON FRIEDMAN, former Economics’ Adviser to U.S. government; Author, video and TV series writer and presenter; Senior Research Fellow, Hoover Institution on War, Revolution and Peace; Professor Emeritus, University of Chicago.
“You represent a worthy part of the fight in many countries for the logical and beneficial use of cannabis. I thank you for that.”
PROFESSOR PATRICK D. WALL, Author; Professor of Physiology, UMDS St. Thomas's (Teaching) Hospital, London; Fellow of the Royal Society; DM, FRCP.
SRC Publishing Ltd., London, world distribution by LULU of North Carolina.
SO YOU THOUGHT CANNABIS PROHIBITION HAS NO EFFECT UPON YOU ?
THE REPORT ISBN 9781902848204: Part (chapter) Two contains the unprecedented (new) Cannabis Biomass Energy Equation (CBEE; Modern Uses) which proves the clean-combusting cannabis-product pyrolytic CH3OH is the immediate economical (cheap), non-polluting, renewable, total world replacement for fossils and uranium, whilst simultaneously significantly increasing world production of staple seed food (protein-rich; no relaxant in seed). The CBEE exposes the bankowner-corporate-government monumental ulterior motive behind fraudulent prohibition. 'Prohibition' is a venal, cartel-fabricated subterfuge; a false fuel-energy MONOPOLY.
The CBEE Formulation proffers CH3OH oil-gasoline-type fuel combustion for all power-station, industrial, land, sea and air transportation and domestic energy supply, with ZERO net atmospheric increase of CO2; viz. the CBEE thereby simultaneously demonstrates governments' mendacity in their claims to wish to reduce carbon emissions, and proves the "carbon tax" to be fraud: a criminal government imposture completely without foundation. The misuse of exorbitant, world-economy-depressing fossils and uranium as 'fuel' is potentially catastrophic, legally and economically unjustifiable, and requires to be prohibited forthwith. See pyrolysis diagrams, photo, equation, etc.
Part Six of THE REPORT, PROHIBITION: THE PROGENITOR OF CRIME.
"To cause crime to occur is to be accountable for the crime, morally and legally. To consent to any measure is to share responsibility for its results."
Legalised, cannabis grows anywhere: the benign herb's foliage and flowers come free or at an insignificant price, but yielding no revenues to government and no profits to corporations. However, prohibition creates the Black Market: the Economic Effects of Prohibition (scarcity + enforcement, etc.) augment "street" value by 3000% plus, making all Black Market associated crime inevitable. The political commodities' prohibition, the War on Drugs, rather that is to say, the politicians who pass and the judiciaries who maintain the legislation engender (cause) and are culpable for not less than 75 - 80 percent of all crimes (official statistics) throughout the West.
EXONERATIVE FINDINGS OF FACT; Official Empirical Research; THE REPORT collates the medico-scientific Findings of Fact and Conclusions of the government-funded clinical studies conducted by world-respected research and academic institutions into non-toxic, non-addictive natural herb cannabis (differentiated from pharmaceutical laboratory toxic product THC). The investigations' empirical evidence exonerates cannabis from all allegations of 'harm' and 'impairment' (including tests on simulated driving) exempting cannabis from all legislative criteria of control ('prohibition'). All citizens persecuted thereunder are due Amnesty and Restitution (as for other Wrongful Penalisation).
MEDICATION: Efficacious in over 100 adverse medical conditions (viz. Official Pharmacopoeias) including applications which are life-saving, preserve eyesight, Curative and/or Preventive, and with potential cheaply to replace numerous lines of lucrative but ineffective, debilitating, addictive, toxic pharmaceuticals, rendering massive financial government-corporate ulterior revenue and profit motive (trillions) behind apocryphal prohibition by perjurious derogation. + Medical Case Histories.
Six Parts (chapters) include expert documentary, legal, academic, scientific, technical, medical, economic, social, criminological, philosophical evidence, and that which is based on grounds of equity, vindicating all private cultivation, trade, possession and use, and which further exposes perjury and venality behind prohibition 'legislation', all acts of enforcement constituting crime per se.
Part Seven, RESTORATION: JUSTICE AND THE CONSTITUTION, exposes corruption, ineptitude and injustice in the justice process; examines Law: natural law, supreme secular legem terræ Constitutional common law, treaties, statutes; quotes presidents, judges, lawyers and chief justices.
THE REPORT is regularly presented pre-trial by defendants to courts (judges) who routinely forbid all Findings of Fact, evidence and defences which dispute "the legality of the law" before the jury. The official and expert evidence in THE REPORT establishes the apocryphal, illegal nature of the legislation. THE REPORT quotes legal grounds (national and international) which demonstrate numerous infractions of laws by the prohibition legislation, and which show all acts of its enforcement to be crime per se. All citizens persecuted thereunder are due Amnesty and Restitution (as for other Wrongful Penalisation). This textbook demonstrates in the law: injustice, inequity, invalidity, adverse effects, venal ulterior motive, perjury, fallacious derogation, and the inherent illegality of law which creates the Black Market and engenders all associated crime.
The outcomes of this procedure of presenting THE REPORT as documentary evidence to the judge have proved beneficial in the extreme for defendants.
WE THE PEOPLE AND THE MATTER OF WORDS; freely downloadable, indispensable information for the creation and sustainment of legitimate government and society;
http://www.democracydefined.org/democracydefinedmaterial.htm
THE CONSTITUTION TREATISE: Why the d'Estaing ('European') Constitution-Treaty Is the Antithesis of Democracy ISBN 9781902848747, see website for endorsements by U.S. & U.K. cognoscenti;
http://www.democracydefined.org/5constitution.htm
"The d’Oudney analysis is as insightful as it is comprehensive. It will stand for years to come as the definitive critique of the European Constitution prepared by Giscard d’Estaing and others. I look forward to sharing the d’Oudney analysis with my colleagues."
HOWARD PHILLIPS, Founder, U.S. Constitution Party; three-time presidential nominee; Chairman, Conservative Caucus.
SRC Publishing Ltd., London.
DEMOCRACY DEFINED: ON THE ETYMOLOGY, HISTORY AND SIGNIFICATION OF THE WORD DEMOCRACY; the Sciences of Etymology, Semantics, Semasiology, and Philology determine whether your country is a definitive democracy or your government is a despotism. Viz. The word ‘democracy’ is widely abused and ‘defined’ incorrectly: Democracy is a state of society realised neither by referenda (mass voting for new laws), nor by suffrage (electoral voting for representatives), nor by the representatives’ majorities’ legislative voting. Electoral voting, majority rule and ‘consensus politics’ neither create nor define democracy. This essay summarises the unique signification and inestimable value to the human race of genuine Constitutional Democracy.
http://www.democracydefined.org/democracydefinedcampaign.htm#democracy
9-11 TRUTH LINKS COMPENDIUM; exposition with select video analysis & lectures; contributions by professors, architects, scientists, Federal Aviation Authority experts, former CIA, FBI, military and government officals, firemen, reporters and other eye-witnesses present; freely download this Compendium which serves as an introduction to the subject, and as a source of additional references for those already familiar with the 9/11 Truth Movement;
THE VALUE OR OTHERWISE OF LAW DICTIONARIES; part of the contents of a forthcoming book to be published by SRC Publishing. It is nevertheless, for the time being anyway, downloadable for free;
ON REFERENDA AND MAJORITY RULE; part of the contents of a forthcoming book downloadable for free;
RADIOACTIVITY FROM CROPS FED WITH PHOSPHATE ‘FERTILISER’ IS THE PRINCIPAL CAUSE OF CANCER; some Findings of Fact downloadable for free, extracted from THE REPORT ISBN 9781902848204 (referred to above);
CHIEF JUSTICE VAUGHAN'S RULING; on perhaps the most famous trial in history; Juror's Rights and Duty and the Old Bailey Commemorative Plaque;
http://www.democracydefined.org/democracydefinedcampaign2.htm#intervention
WHY THE LEGAL PROFESSION CANNOT DEFEND YOU; consider some of the judicable breaches of common law and Constitution to which modern government resorts in order to enforce its inequitable and money-motivated statutes;
http://www.democracydefined.org/democracydefinedcampaign4.htm#lawyers
Further reading on the website:
http://www.democracydefined.org/
The Home Page of The not-for-profit Educational Campaign for RESTORATION and
UNIVERSAL ADOPTION of CONSTITUTIONAL COMMON LAW TRIAL BY JURY.
The Democracy Defined Campaign Philosophy is endorsed by academics, attorneys,
doctors (of jurisprudence, medicine, homeopathy, philosophy, etc.) and judges ( U.S . & U.K.).
Join the Campaign ! Download and distribute free posters and educational pamphlets.