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

----- 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.