Transcript TRUE DEMOCRACY True: in accordance with fact or reality

TRUE DEMOCRACY
True: in accordance with fact or
reality; not false or erroneous.
Democracy: government by the
people, direct or representative.
demos (Greek): people.
kratos (Greek): rule.
CHARTERS OF LIBERTY
-vINSTRUMENTS OF
SLAVERY
CHARTERS OF LIBERTY INCLUDE:
* the HOLY BIBLE
* the KORAN
* the MAGNA CARTA
* the DECLARATION OF INDEPENDENCE
* the UNIVERSAL DECLARATION OF
HUMAN RIGHTS
* etc….
INSTRUMENTS OF SLAVERY
INCLUDE:
* “the awards, doings and proceedings
to the prejudice of your people in any of
the premises”.
* Acts of Parliament which “subvert and
extirpate the laws and liberties of this
kingdom”.
* etc…
Examples of an Acts of Parliament which extirpate the Right
to Trial by Jury:
District Court Act 1973:
s.76A Action to be tried without jury unless required in the
interests of justice. (1) An action is to be tried without a jury,
unless the Court orders otherwise.”
Supreme Court Act 1970;
s.85 Trial without jury unless required in interests of justice.
(1) Proceedings in any Division are to be tried without a jury,
unless the Court orders otherwise.
Federal Court of Australia Act 1976:
s.39 Trial without jury. In every suit in the Court, unless the
Court or a judge otherwise orders, the trial shall be by a judge
without a jury.
Three Arms of Democratic Government:
1. Executive: "the person, group or branch of
government that has the duty, and the power of putting
the laws into effect".
2. Parliament: "from the French word parlement,
meaning a discussion or debate". "a council or congress
that is the highest lawmaking body in some countries".
3. Court: "a place where justice is administered". "an
official dispute-resolution body presided over by either a
magistrate or judge".
Trial by Jury:
Trial: "the act or process of trying or testing".
Jury: "a body of persons sworn to render a
verdict on questions submitted to them in court of
justice".
Justice: "the protection of rights and the
punishment of wrongs".
Thomas Jefferson said:
"I believe trial by jury is the only anchor yet
imagined by man which can hold a
government to the principles of its
constitution".
Sir William Blackstone said in the 23rd Chapter of his
"Commentaries on the Laws of England" entitled "Of
the Trial by Jury":
"the more it is searched into and understood, the
more it is sure to be valued. And this is a
species of knowledge most absolutely
necessary for every gentleman in the kingdom:
as well because he may be frequently called
upon to determine in this capacity the rights of
others, his fellow-subjects; as because his own
property, his liberty, and his life, depend upon
maintaining, in it's legal force, the
constitutional trial by jury.".
Lysander Spooner, in his “An Essay on Trial by
Jury”, said:
 "It is not only the right and duty of juries
to judge what are the facts, what is the
law, and what is the moral intent of the
accused; but that it is also their right, and
their primary and paramount duty, to
judge the justice of the law, and to hold
all laws invalid, that are, in their opinion,
unjust or oppressive, and all persons
guiltless in violating, or resisting the
execution of such laws.".
“No freeman shall be taken, or
imprisoned, or be disseised of his
freehold, or his liberties, or free
customs, or be outlawed, or exiled,
or in any other wise destroyed, nor
will we pass upon him nor condemn
him unless by the lawful judgment
of his equals or by the law of the
land.”
- CAP 29 Magna Carta 1215.
The Magna Carta Monument in Canberra’s
Parliamentary Triangle was opened by PM
John Howard on 26th September 2001.
A few of the inscription says:
“Magna Carta is now seen as a traditional
mandate for trial by jury, justice for all,
accountable government and no arbitrary
imprisonment.”
and
“It is from the people that the Commonwealth
gets its ultimate authority and to them that the
parliament is responsible.”
The American Declaration of Independence
1776 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, that whenever any Form of
government becomes destructive of these Ends,
it is the Right of the People to alter or to abolish
it…..”.
The American Declaration of Independence
1776 lists among the grounds for their declaring
to be “absolved from all Allegiance to the
British Crown, and that all political
Connection between them and the State of
Great-Britain is and ought to be totally
dissolved” is “FOR depriving us, in many
case, of the Benefits of Trial by Jury:” and
“FOR taking away our Charters, abolishing
our most valuable Laws, and altering
fundamentally the Forms of our
Government:”…
“And we will, that if any Judgment be
given from henceforth contrary to the
Points of the Charters aforesaid by
the Justices, or by other Officers that
hold Plea before them against the
Points of the Charters they shall be
undone and holden for nought.”
- CAP 11, Confirmation of Charters
1297
“…your Majesty would also
vouchsafe to declare, that awards,
doings and proceedings, to the
prejudice of your people in any of
the premises, shall not be drawn
hereafter into consequence or
example.”
- s.11, Petition of Right 1628.
Trial by Jury has been
entrenched Constitutional
Law in Australia since 25 July
1828 with the proclamation of
the UK’s Imperial Act 9
George IV Chapter 83,
known as the Australian
Courts Act 1828.
A PARLIAMENT has the power, conferred by its
Constitution, “to make laws for the peace, order
and good government” but “a law in excess of
the authority conferred by the Constitution is no
law; it is wholly void and inoperative; it confers
no rights: it imposes no duties; it affords no
protection…… To be valid and binding they must
be within the domain of jurisdiction mapped out
and delimited in express terms, or by necessary
implication, in the Constitution itself. What is not
granted to the parliament of the Commonwealth
is denied to it.” (The Annotated Constitution of
the Commonwealth of Australia by Quick &
Garran, p 346).
“A Constitution …enumerates certain cardinal
rules, principles and maxims which are intended
to be the indiciae of public policy that should
guide or bind the Executive and the Judiciary
Departments. Thus Magna carta, the Petition of
Rights, and the Bill of Rights, contain declarations
of rights, privileges, and immunities, which are
said to be the inalienable birthright and heritage
of every British subject, protecting his liberty from
unlawful impairment and his property from
spoilation.” - Q.&G.
A Referendum in 1988 to
alter s. 80 of the THE
CONSTITUTION to exclude
Trial by Jury from cases of
Contempt of Court and
Court-Martials.
RESULT: 80% “NO”
"The trial of civil issues by juries
is
such
an
ancient
and
established institution of English
law, that it may well be deemed
not only incidental, but even
necessary,
to
the
due
administration
of
justice
according to English ideas.".
- Q. & G.
Imperial Acts Application
Act 1969 No.30:
PART 4 – PENALTIES
s.43 Any person guilty of any offence under any
Imperial enactment included in Part 1 of the Second
schedule for which no punishment is otherwise
provided is liable to imprisonment for a term of not
more than five years or to a fine not exceeding 20
penalty units, or to both such imprisonment and fine.
Imperial Acts Application Act 1969 No. 30
SECOND SCHEDULE
PART 1- Constitutional Enactments
(1297)
(1627)
(1640)
(1688)
25 Edward 1 (Magna Carta) c.29
…………………………
3 Charles 1 c.1 (The Petition of Right)
16 Charles 1 c.10 (Habeas Corpus Act
1640)
………………………………..
1 William and Mary sess.2 c.2 (The Bill of
Rights)
The SUPREME COURT
PROCEDURE ACT No. 49,
1900 says under section 3.
“(1) In any action by consent of both
parties the whole or any one or more of
the issues of fact in question may be
tried, or the amount of any damages or
compensation may be assessed by a
Judge without a jury.”.
The INTERPRETATION ACT
No. 15, 1987 says under
section 30. “(1) The amendment
or repeal of an Act or statutory rule
does not: …(c) affect any right,
privilege, obligation or liability acquired,
accrued or incurred under the Act or
statutory rule.”.
HALSBURY’S LAWS OF AUSTRALIA
says under (130-13460): “Consent to
summary jurisdiction: The consent to
be tried summarily must be clear and
unequivocal and a failure to carry out
the procedures for obtaining the
consent will deprive the court of
jurisdiction to determine the matters
summarily.”
NATURAL JUSTICE “Rules of fair
play” Any decision reached in contravention of
natural justice is void as ultra vires. There are 2
principal rules: (1) The first is the rule against bias
- nemo judex in causa sua (or in propria causa).
This means that any decision, however fair it may
seem, is invalid if made by a person with any
financial or other interest in the outcome or any
known bias that might have affected his
impartiality
“s.259. The Court or judge may amend any
notice of motion, rule nisi, writ, pleading,
affidavit, jurat or title of affidavit, record,
praecipe, or other proceeding used before the
Court or Judge not likely to mislead the
opposite party on any point essential to the
merits of the case, and may award such
reasonable costs of such amendment as to the
Court or Judge seem fit.”
- Common Law Procedure Act No.21 1899
The BILL OF RIGHTS 1688 says that:
“the late King James the Second, by the
assistance of evil counsellors, judges and
ministers employed by him, did endeavour to
subvert and extirpate the Protestant religion and
the the laws and liberties of this kingdom ……by
assuming and exercising a power of dispensing
with and suspending of laws..”.
I have said in the Supreme Court of
New South Wales and the High Court
of Australia that:
“Judges must never be given nor
allowed to assume absolute power
whereby they can conceal their own
incompetence, corruption and
treachery.".
Thomas Jefferson said in 1821: “The germ of
destruction of our nation is in the power of
the judiciary, an irresponsible body working like gravity by night and by day,
gaining a little today and a little tomorrow,
and advancing its noiseless step like a thief
over the field of jurisdiction, until all shall
render powerless the checks of one branch
over the other and will become as venal and
oppressive as the government from which
we separated.”.
“…when a long train of abuses and
usurpations, pursuing the same
Object evinces a design to reduce
them under absolute Despotism, it
is their right, it is their duty, to
throw off such Government, and
provide new guards for
U.S. Declaration of Independence,
July 4, 1778.
Commonwealth of Australia Constitution Act ,
(63 & 64 Victoria, Chapter 12) [9th July 1900]:
Covering Clause 9, THE CONSTITUTION:
s. 80: The trial on indictment of any offence against any
law of the Commonwealth shall be by jury…”.
s.118: Full faith and credit shall be given, throughout
the Commonwealth to the laws. The public Acts and
records, and the judicial proceedings of every State.
“UPON these accounts the trial by jury ever has
been, and I trust ever will be, looked upon as the
glory of the English law. And, if it has so great an
advantage over others in regulating civil
property, how much must that advantage be
heightened, when it is applied to criminal cases!
But this we must refer to the ensuing book of
these commentaries: only observing for the
present, that it is the most transcendent privilege
which any subject can enjoy, or with for, that he
cannot be affected either in his property, his
liberty, or his person,
but by the unanimous consent of twelve of his
neighbours and equals. A constitution, that I may
venture to affirm has, under providence, secured
the just liberties of this nation for a long
succession of ages. And therefore a celebrated
French writer (Montesq. Sp.L.xi.6), who
concludes, that because Rome, Sparta, and
Carthage have lost their liberties, therefore those
of England in time must perish, should have
recollected that Rome, Sparta, and Carthage,
were strangers to the trial by jury.”- Blackstone.