The Home Page of The Democracy Defined Campaign
for RESTORATION and UNIVERSAL ADOPTION of
CONSTITUTIONAL COMMON LAW TRIAL BY JURY.
You brought up the Constitution.
Consider the falsity (and utter ludicrousness) of the government's much-promulgated notion: “Crown or government has immunity from prosecution”: On the contrary, Article 61 establishes that no one is ‘above’ the law of the land. No one who infracts legem terræ common law is ‘immune’ to prosecution. This stricture specifically includes the head of state, the most powerful people, government itself and all the agencies of government.
Excerpt from Article 61: “We have granted all these concessions forever. If we [the head of state], our chief justice, our officials [government], or any of our servants [government employees, police, armed services, bureaucrats] offend in any respect against any man, or transgress any of the articles of the peace or of this security... any man(1) who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing(2) us (government) to the utmost of his power. We give public and free permission to take this oath to any man(1) who so desires, and at no time will we prohibit any man(1) from taking it. Indeed, we will compel any of our subjects(3) who are unwilling to take it to swear it at our command.”
1 & 3 Women are not excluded; see the section on Latin translation, Item 4, in Essay EIS#11, "Specific Aspects of Magna Carta, The Great Charter Constitution," freely downloadable from the Campaign Material webpage (URL given below).
2 ‘assailing’ has the meaning of ‘utilising such force as is required to bring to justice’; it does not indicate violence which is wanton.
3 Confirming note 1, ‘subjects’ includes women.
Article 61 of the Great Charter Constitution recognises the permanent supreme authority and eternal duty of the people to oversee and control the modus operandi of government. This has led politicians and judiciary of despotic bent and criminal intent (mens rea) to attempt to usurp Magna Carta by the malinterventions of subversive but legally inferior impotent statutes.
*terræ is pronounced terry; the æ as in Cæsar; seize.
RESTORATION... The Democracy Defined Campaign.
Restoration of the constitutional common law governing Trial by Jury implements the citizens’ inherent, inalienable, eternal rights to liberty and justice, as follows:
Firstly, to the right to a (genuine) Trial by Jury in defence; and...
...in Common Law Trial by Jury, the jury operates on the presumption of innocence and is called upon to review the evidence presented by the plaintiff, which the accused may refute.
Defence likewise may present exonerative evidence and, furthermore, instigate a COUNTER PLAINT or charge, presenting the evidence for the jury’s consideration as to whether aspects of the law render its enforcement invalid or unjust; that the prosecution is malicious or frivolous, which wastes the jurors’ (the court’s) time and constitutes a crime, per se.
So, the defence may be simultaneously suing the prosecution for damages, and instigating a criminal trial of the plaintiff. The jury is emplaced to try (judge) the causes concurrently. By this means, the Constitutional Common Law Trial by Jury Justice System discourages or pre-empts malicious private or government prosecutions; and moreover, genuine Trial by Jury swiftly leads to the expunction of inequitable (unjust), bad, arbitrary or unwanted legislation and vexatious regulations.
Secondly, the ordinary citizen’s right to place the evidence in a cost-free arraignment of wrongdoer/s (regardless of the ‘importance’ or position of the accused) in front of fellow citizen-jurors in a Trial by Jury. No one is ‘above’ the common law of the land. No one is ‘immune’.
It is the job of elected representatives to administer the country in a way that does not disadvantage any of its people. Humans err. The purpose of the Trial by Jury is to protect the people from crime; that is, both from common crime and the government crimes which otherwise take place with impunity as a result of the human fallibilities of politicians and the judiciary. It is the absolute duty of the common law juror to annul legislation whenever it reflects the slightest self-interest of a partisan group.
Whereas most people would prefer to pursue other occupations, in a democracy the representatives’ (congressmen and women, MPs, etc.) duty is to take care of the uncontroversial nuts and bolts of day-to-day administration of a society. Categorically, they are not there to promote partisan interests. That activity constitutes crime per se. The common law Trial by Jury exists to bring such corrupt administrators to account. There is no statutory congressional/ parliamentary or judicial ‘immunity’ for those perpetrating venal or unjust activities, whatever their high place in society. That is, there is no immunity for anyone involved in the commission of criminal acts. Everyone is answerable to the tenets of legem terræ, the common law.
THE CITIZENS’ PRIVATE PROSECUTIONS.
Trial by Jury is too often thought of by people only as a situation wherein the accused defends him or herself, usually from the government’s prosecution. As distinguished from the despot’s charade which takes the place of Trial by Jury in the courtroom today, the Constitutional Common Law Trial by Jury is much more than that. Real Trial by Jury is a supreme weapon in the hands of the people, enabling them peacefully to emasculate would-be tyrants, and to obliterate crime-engendering inherently illegal laws and legislatorial majorities’ self-interested, venal legislation. (Viz., the timeless, universal legem terræ common law inscribed into Magna Carta, Article 61, below).
Private prosecution methodologically achieves the expunction of arbitrary, illegal laws in the following way:
Plaintiff(s)’ direct private prosecution in a petit Trial by Jury precludes the (alternative) process of the Grand Jury. N.B. Following their review of evidence presented to them, when Grand Juries determine an indictable offence has been committed, the government prosecution service undertakes to prosecute the case in a Trial by Jury. However, this would be unsatisfactory in an instance where evidence is presented as to criminal machinations by government politicians, bureaucrats and judges. It would be preposterous to ask or expect government personnel and employees to prosecute their masters (that is, their employers) and colleagues effectively. This would not only be unrealistic, but also wholly inadequate to the needs of a population seeking to protect itself from tyrannical misgovernment and politicans’ corrupt legislation, as is judicably enforced by today’s ‘judges’. Hence, in this cause, not the grand jury, but only the private prosecution in Trial by Jury serves the needs of justice.
A principle of legem terræ, the universal common law, is that no judgement (cf. sentence) can be valid against a party’s goods or person, including a judgement for costs, unless it be a judgement rendered by a jury following the common law Trial by Jury.
Where the randomly-selected jury finds unanimously that a frivolous or malicious charge has been brought, the plaintiff(s) are liable for costs and damages. Such a prospect discourages or eliminates unjustifiable prosecutions. However, where multiple or numerous citizens unite together as co-plaintiffs in the same prosecution, this has the effect of establishing that their grievance is genuine and that the action taken by them of bringing racketeering members of the government to trial embodies their fulfilment of a conscientious public obligation or duty. This precludes unanimous judgements by juries against the plaintiffs for costs, though this does not necessarily establish the guilt of the nominated defendant/s.
In a single or a succession of Trial(s) by Jury throughout the land, the presenting of evidence establishing the collusion of politicians and government bureaucrats in premeditated criminal acts under the guise of the framing and passing of specified ‘legislation’ which the jury finds to be: criminogenic (crime-producing and thus inherently illegal); and/or inequitable; partial; partisan; or venal; or in any way un-Constitutional or against the public interest, renders void that legislation and removes from public office those found guilty of the behaviour. Those persons who have suffered persecution under such unfounded ‘laws’ qualify for Amnesty and compensatory Restitution (as for other Wrongful Prosecution).
As ever, the degree of guilt (malice aforethought; mens rea) discerned by the jurors in the criminality of the accused goes towards the determining by the jury of their sentence. (Self-evidently, government personnel may not judge in their own cause and hence are automatically deprived of any privilege or power to moderate such sentences or to pardon.) Defendants are entitled to appeal against conviction or sentence and for re-Trial by a new Jury.
In this way, through the Trial by Jury the people at large peacefully protect themselves from despotism, villainy and potential holocaust. They re-establish the due primacy of the universal natural and common law and justice over statute law; punish and deter crime; resume their rightful responsible rôle to police their society; nurture the values of equal justice and respect for the rights of others; fulfil the purpose of Trial by Jury to eliminate crime; and they uphold the Constitution. The duplicitous legislation by which wealth and/or hegemony accrues to particular preferred people or segments of society is thus rapidly and permanently extirpated.
The consummation of the purpose of Trial by Jury (described above) constitutes a reason explaining why judges and politicians are active in denying and destroying Constitutional Trial by Jury: the criminally corrupt reveal themselves as such by their very antithesis to Trial by Jury.
When the fact of all the people having equal and ultimate control over the enforcement of laws in the Trial by Jury is a firmly established social reality, it makes the passing of tyrannical legislation by national assemblies a fruitless exercise predestined to failure. Tyranny is nipped in the bud.
The immediate result of Restoration of the Constitutional Common Law Trial by Jury Justice System would be the curtailment of politicians’ and their beholden servitors, the judges’, undue powers, and the thorough reversal of their pernicious acts by which World Civilisation is currently being discreetly dismantled to establish the few select bank-owners’ supreme dictatorship through their ‘one world government’; the ‘new world order’.
With Trial by Jury holding sway, laws count for naught unless they be just. Thus, the People are served, not ruled, by governments. Such government then cannot but embody truly democratic ideals and civilised aspirations. This type of government attracts, and is comprised of, people representing the citizens’ interests; and oppressing none; and no tyrant can attain power. Such is democracy.
At the behest of juries of ordinary citizens, the state is constrained into enforcing only just principles and democratic attitudes which accord with the People’s judgement in Trials by Jury, such as those reflecting common law values: fraternity, liberty, egalitarianism, progress and justice.
By the diligent upholding of this Constitution, all tyranny is pre-empted. Not only are bureaucratic and fiscal injustices eliminated, but tyrants, great and petty, are emasculated. This enforceable democratic control by the People was constitutionally emplaced to extend equally over the historic and current ‘religious’ tyrannies, as to secular, which are suffered under man’s inhumanity to man.
Thus, Constitutional Democracies founded on the Common Law Trial by Jury respond to, but cannot initiate, aggression, including wars so-defined. If Trial by Jury had remained operating throughout the European nations, whence it originated, the Hohenzollern, Hitler and Stalin tyrannies would have been truncated, and the Holocaust and both World Wars averted.
http://www.democracydefined.org/democracydefinedcampaign2.htm#intervention
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