Toms Blog on Life

Definitive Constitutional Democracy is the means by which liberty itself is secured. See page 25 from DEMOCRACY DEFINED: The Manifesto ISBN 978-1-902848-26-6

IN THE GOVERNANCE of men and women, few, if any, matters are of greater consequence than the diligence and precision with which the judiciary observes and adheres to the definitive code of Common Law Trial by Jury, long established for the determination of an accused person’s guilt or innocence.

All governments, comprised as they are of human beings, are fallible. Governments are capable of passing bad or oppressive [i.e., illegal] legislation, and authorising and organising the enforcement of such bad laws. When Trial by Jury is disallowed or juries are limited in their role to decide guilt or innocence only on the evidence produced by the state [government] prosecutor of whether the accused had broken a law or not, any jury acting in this restricted way would not be able to protect good fellow citizens from unjust laws or the oppressions of the state. These ‘show trials’ are observed to take place in fascist, communist, and primitive totalitarian dictatorships, in countries which claim to be ‘democratic’. They are traditionally scorned for the mockery of justice which they are when compared to the democratic standards of Trial by Jury.

THE FOUNDATIONAL PRINCIPLE OF LIBERTY BY WHICH LIBERTY ITSELF IS SECURED, AND THE INHERENT PURPOSE OF TRIAL BY JURY.

People who judge authoritatively what their liberties are, retain all the liberties they wish to enjoy. This is Liberty. Trial by Jury is a trial by the People of the country, distinguished from a trial by the government. The intention of this trial is to enable the People to determine their liberties; because, if the government determines the People’s liberties, then government has absolute power over the People; and this is the definition of despotism.

In recognition of these immutable facts, Trial by Jury was adopted by the People as the principal doctrine of the Law of the Land (legem terræ; common law; ref. ‘Legal Definitions Unalterable at Common Law’ with attribution; Chapter Three). The People installed Trial by Jury by written Constitution (Magna Carta of 1215; the U.S., Australian and other Constitutions) as that tribunal which permanently establishes within the domain of the People, as opposed to the government, supreme judgement by citizen-jurors of the People’s liberties: of what is the law; with the power to achieve expunction of unwanted statutes by the mechanism of cost-free private prosecutions of government functionaries and personnel (Constitutional Common Law Articles 24, 36, 39, 40, 61, etc., explained in Chapters Four and Five).

To a degree achieved by no other constitution, Constitutional Common Law Trial by Jury responds to mankind’s unceasing need: to enforce just laws; to uphold the innocent; to protect minorities; to nullify arbitrary government; and to reject injustice.

Only people deciding the law for themselves in Trial by Jury responsibly establish their liberties. Concurrently (at the same time), by that singular act in Trial by Jury, jurors (not judges, the government’s beholden employees) decide which behaviour is anti-social, forbidden, of malice aforethought and punishable.

In the ideal and achievable society run by ultimate rule of the people themselves deciding the law as jurors, the mass of partisan, inequitable, criminogenic and venal legislation (extant today) is duly annulled, unenforceable and expunged. Hence, the number of prosecutions and litigation is greatly reduced. The pretext that Trial by Jury “clutters up the courts and therefore due process requires to be undertaken instead by government judges,” is wholly fraudulent; one of many such despicable deceits fabricated by representatives of criminal government seeking to abolish Trial by Jury.

However apparently insignificant the alleged infraction, the Constitution authorises that the citizen accused of any alleged infringement shall always have the right to recourse to a Trial by a Jury of his or her peers in order that injustices, whenever they occur, be annulled by fellow citizens acting as jurors; indeed, as the judges over the law. It must be emphasised that (however petty it may seem) the enforcement of any injustice by the state is an illegal act and it is not for government but the ‘ordinary’ people at large represented by juries of indiscriminately chosen adult citizens to judge the justice of every act of law enforcement, including all regulations, ‘misdemeanours’, by-laws, summary punishments, ‘on-the-spot-fines’ and trivial rules. Trial by Jury enables the people to fulfil the necessity of eradicating vexatious laws and rules: the Expunction of unwanted Statutes (see Chapter Four).

According to common law and Constitution, for the necessary ascendance of Equal Justice, today’s plea bargaining, automatic fines, mandatory minimums and summary judgements are all profoundly immoral, illegal and anti-Constitutional. Citizens persecuted thereby have the inalienable right to elect (choose) a Trial by Jury and, if found Not Guilty of any act of malice aforethought are due (overdue) Amnesty and Restitution.

[End quote from DEMOCRACY DEFINED: The Manifesto.]
Best wishes,
Kenn d’Oudney. Coordinator.
DEMOCRACY DEFINED CONSTITUTIONAL RESTORATION CAMPAIGN.
www.democracydefined.org