ALECOMM

Democracy defined : regarding Australians and their constitutional protections

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Category: Uncategorised

Created: Tuesday, 30 August 2011 14:48

Written by Kenn d'Oudney

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.