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WHAT IS SOVERIGNTY?
WHAT IS SOVEREIGNTY?
Sovereignty is defined as "the ultimate overseer or supreme authority in a state. In a state sovereignty is vested in the institution, person, or body to impose law on everyone else and to alter any pre-existing law."
In Australia sovereignty lies with the people because we are a Democracy where, by definition, the people rule. Australia is a Common Law country, where the law made by the common people prevails over all other forms of law. The Australian Constitution is, itself, Common Law because it was directly approved by and can only be altered by a referendum of the common people (s. 128).
Australian State and Federal Parliaments create Statute Law, which are only laws made indirectly by the common people, through their elected representatives.
However, Australian Courts create Common Law because they are laws directly made by the common people forming Juries of twelve. It is a lie to say that Judge-made Law is Common Law because a Judge is not a Jury of the common people .
Lord Edward Coke (1552 - 1634) said, "Common Law doth control Acts of Parliament and when adjudged against common right to be void".
No one man has sovereignty over another. The American Declaration of Independence says "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --" and goes on to give one of "the causes which impel(led) them to the separation" being "-- For depriving us in many cases of the benefits of Trial by Jury".
"Inalienable" means that those rights "cannot be given away nor taken away." Such rights are sacred - "all men are (so) ..endowed by their Creator".
Ancient civilisations such as the Romans regarded the number 12 as sacred, ie: "safeguarded or required by religious or reverence or tradition, indefeasible, inviolable, sacrosanct". Juries of 12, bound by oath, were regarded as a sacrament, which are the "visible signs of agreement between God and individuals". Only then could there be "the lawful judgement of his Peers" (Magna Carta)
Trial by Jury is the confirmation of the "Freeman" status (as per Magna Carta) and the sovereignty of the People. Tyrants want to abolish Trial by Jury so that they can assume sovereignty.
No one man can pass judgement on another but there must be the unanimous verdict of 12 of his equals, "beyond a reasonable doubt", for an accused to be punished for violating the rights of another. Juries exercise their sovereignty in every action brought before them by judging the justice of the law or laws cited by the parties. Law and justice are not synonymous because a law can be unjust.
The Preamble to the United Nations' Universal Declaration of Human Rights says "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.". Juries are just such a protection at law with Magna Carta, granting "for ever", the right to Trial by Jury. Trial by Jury is the result of the wisdom of generations and has been sustained and honoured over the centuries by the wisdom of further generations.
To survive, Common Law must be in harmony with Natural Law. Natural Law is the permanent underlying basis of all law. Philosophers have extolled that there was a kind of perfect justice given to man by nature and man's laws should conform to this as closely as possible. Theories of Natural Law have been an important part of jurisprudence throughout history. The moral power of Natural Law derives from the fact that man's innate nature (itself part of the nature of the cosmos) and his propensities are viewed as ideal or inherently good.
Immanuel Kant said that in all men there is a categorical imperative, ie: they know what is right and what is wrong. This unconditional, absolute, explicit, direct and plain-speaking bidding of conscience creates the ultimate moral law and comprises the conditions under which all members of society can enjoy the maximum freedom from subjection to the arbitrary will of others.
- Compiled by J. Wilson, http://www.rightsandwrong.com.au
Sovereignty is defined as "the ultimate overseer or supreme authority in a state. In a state sovereignty is vested in the institution, person, or body to impose law on everyone else and to alter any pre-existing law."
In Australia sovereignty lies with the people because we are a Democracy where, by definition, the people rule. Australia is a Common Law country, where the law made by the common people prevails over all other forms of law. The Australian Constitution is, itself, Common Law because it was directly approved by and can only be altered by a referendum of the common people (s. 128).
Australian State and Federal Parliaments create Statute Law, which are only laws made indirectly by the common people, through their elected representatives.
However, Australian Courts create Common Law because they are laws directly made by the common people forming Juries of twelve. It is a lie to say that Judge-made Law is Common Law because a Judge is not a Jury of the common people .
Lord Edward Coke (1552 - 1634) said, "Common Law doth control Acts of Parliament and when adjudged against common right to be void".
No one man has sovereignty over another. The American Declaration of Independence says "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --" and goes on to give one of "the causes which impel(led) them to the separation" being "-- For depriving us in many cases of the benefits of Trial by Jury".
"Inalienable" means that those rights "cannot be given away nor taken away." Such rights are sacred - "all men are (so) ..endowed by their Creator".
Ancient civilisations such as the Romans regarded the number 12 as sacred, ie: "safeguarded or required by religious or reverence or tradition, indefeasible, inviolable, sacrosanct". Juries of 12, bound by oath, were regarded as a sacrament, which are the "visible signs of agreement between God and individuals". Only then could there be "the lawful judgement of his Peers" (Magna Carta)
Trial by Jury is the confirmation of the "Freeman" status (as per Magna Carta) and the sovereignty of the People. Tyrants want to abolish Trial by Jury so that they can assume sovereignty.
No one man can pass judgement on another but there must be the unanimous verdict of 12 of his equals, "beyond a reasonable doubt", for an accused to be punished for violating the rights of another. Juries exercise their sovereignty in every action brought before them by judging the justice of the law or laws cited by the parties. Law and justice are not synonymous because a law can be unjust.
The Preamble to the United Nations' Universal Declaration of Human Rights says "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.". Juries are just such a protection at law with Magna Carta, granting "for ever", the right to Trial by Jury. Trial by Jury is the result of the wisdom of generations and has been sustained and honoured over the centuries by the wisdom of further generations.
To survive, Common Law must be in harmony with Natural Law. Natural Law is the permanent underlying basis of all law. Philosophers have extolled that there was a kind of perfect justice given to man by nature and man's laws should conform to this as closely as possible. Theories of Natural Law have been an important part of jurisprudence throughout history. The moral power of Natural Law derives from the fact that man's innate nature (itself part of the nature of the cosmos) and his propensities are viewed as ideal or inherently good.
Immanuel Kant said that in all men there is a categorical imperative, ie: they know what is right and what is wrong. This unconditional, absolute, explicit, direct and plain-speaking bidding of conscience creates the ultimate moral law and comprises the conditions under which all members of society can enjoy the maximum freedom from subjection to the arbitrary will of others.
- Compiled by J. Wilson, http://www.rightsandwrong.com.au
Add a Comment
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Comment by Leith on August 8, 2009 at 8:46am -
But the point is; THE ONLY LEGAL GOVERNMENT IS A REPRESENTATIVE ONE AND YOU CAN ONLY BE REPRESENTED THROUGH YOUR LEGAL CONSENT. Therefore if you are called to court for some trivial civil matter (ie, you have broken a corporate policy) then you must give your consent to that court or they have no jurisdiction over you. Courts ignore that little fact here in Australia and pass judgement without a jury and without consent which is illegal and against the Australian Constitution.
There are two types of law; Civil and Criminal. For Civil Law there MUST be a LEGAL CONTRACT between you and the corporation (eg your drivers licence is the contract that says you wont speed) or there is no case. You have the legal right to VOID any contract you have entered into under Duress, Threat or Coercion, or without Full Disclosure of the conditions of contract.
For Criminal Law there must be s victim/injured party or there is no case.
Our legal system and government are ignoring their own laws and doing whatever the hell they want as long as it supports the Banks, big Corporations and collects revenue.
Since WE THE PEOPLE are in charge (In a democracy the people run the government) and they are OUR humble servants then they should NOT have a heavy hand over us.
People need to remember this and stand up to tyranny. It is our DUTY to tear down the government if they become corrupt.
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Comment by Samhains on August 8, 2009 at 6:28am -
I hate politics because I know there is no such thing as right and wrong, only thinking makes that so...
the government TELLS us what THEY want as right and wrong...and not the reality of things.They are incontrol so they make the rules, the laws, the understandings of right and wrong (along with the church)
As an example.
Here in Canada, the gov is loosing money because people buy smokes off the Indian reserves..Cheeper, no tax..so the Gov has made a program saying that ANY non native people who buy smokes off the reserve now loose their licence and car -permenitly..just cause THEY are loosing money..
See how it works..they loose to you..then its wrong,
you loose to them, then its right.
The government is suppose to be for the people made by the people..but now its made by the people, for a small groups of greedy people, while the rest of us suffer..
the only solution is revilution..burn down all gov buildings.
"That which oppresses us we must get over, that which we can not get over we must smash down"
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