TRUE DEMOCRACYTRUE DEMOCRACY

TrueTrue: in accordance with fact or : in accordance with fact or reality; not false or erroneous.reality; not false or erroneous.

DemocracyDemocracy: government by the : government by the people, direct or representative.people, direct or representative.

demosdemos (Greek): people. (Greek): people.kratoskratos (Greek): rule. (Greek): rule.

CHARTERS OF LIBERTY CHARTERS OF LIBERTY -v--v-

INSTRUMENTS OF INSTRUMENTS OF SLAVERYSLAVERY

CHARTERS OF LIBERTY INCLUDE:CHARTERS OF LIBERTY INCLUDE:

* the HOLY BIBLE* the HOLY BIBLE* the KORAN* the KORAN* the MAGNA CARTA* the MAGNA CARTA* the DECLARATION OF INDEPENDENCE* the DECLARATION OF INDEPENDENCE* the UNIVERSAL DECLARATION OF * the UNIVERSAL DECLARATION OF

HUMAN RIGHTSHUMAN RIGHTS* etc….* etc….

INSTRUMENTS OF SLAVERY INSTRUMENTS OF SLAVERY INCLUDE:INCLUDE:

* “the awards, doings and proceedings * “the awards, doings and proceedings to the prejudice of your people in any of to the prejudice of your people in any of

the premises”.the premises”.* Acts of Parliament which “subvert and * Acts of Parliament which “subvert and extirpate the laws and liberties of this extirpate the laws and liberties of this

kingdom”.kingdom”.* etc…* etc…

Examples of an Acts of Parliament which extirpate the Right Examples of an Acts of Parliament which extirpate the Right to Trial by Jury:to Trial by Jury:

District Court Act 1973:District Court Act 1973:s.76A s.76A Action to be tried without jury unless required in the Action to be tried without jury unless required in the interests of justiceinterests of justice. (1) An action is to be tried without a jury, . (1) An action is to be tried without a jury, unless the Court orders otherwise.”unless the Court orders otherwise.”

Supreme Court Act 1970;Supreme Court Act 1970;s.85 s.85 Trial without jury unless required in interests of justiceTrial without jury unless required in interests of justice. . (1) Proceedings in any Division are to be tried without a jury, (1) Proceedings in any Division are to be tried without a jury, unless the Court orders otherwise.unless the Court orders otherwise. Federal Court of Australia Act 1976: Federal Court of Australia Act 1976: s.39 s.39 Trial without juryTrial without jury. In every suit in the Court, unless the . In every suit in the Court, unless the Court or a judge otherwise orders, the trial shall be by a judge Court or a judge otherwise orders, the trial shall be by a judge without a jury.without a jury.

Three Arms of Democratic Government:Three Arms of Democratic Government:

1. Executive1. Executive: "the person, group or branch of : "the person, group or branch of government that has the duty, and the power of putting government that has the duty, and the power of putting

the laws into effect".the laws into effect".

2. Parliament2. Parliament: "from the French word : "from the French word parlementparlement, , meaning a discussion or debate". "a council or congress meaning a discussion or debate". "a council or congress that is the highest lawmaking body in some countries".that is the highest lawmaking body in some countries".

3. Court3. Court: "a place where justice is administered". "an : "a place where justice is administered". "an official dispute-resolution body presided over by either a official dispute-resolution body presided over by either a

magistrate or judge".magistrate or judge".

Trial by Jury:Trial by Jury:

TrialTrial:: "the act or process of trying or testing". "the act or process of trying or testing".

JuryJury: "a body of persons sworn to render a : "a body of persons sworn to render a verdict on questions submitted to them in court of verdict on questions submitted to them in court of

justice".justice".

JusticeJustice: "the protection of rights and the : "the protection of rights and the punishment of wrongs".punishment of wrongs".

Thomas Jefferson said: Thomas Jefferson said:

""I believe trial by jury is the only I believe trial by jury is the only anchor yet imagined by man which anchor yet imagined by man which can hold a government to the can hold a government to the principles of its constitutionprinciples of its constitution".".

Sir William Blackstone said in the 23rd Chapter of Sir William Blackstone said in the 23rd Chapter of his "his "Commentaries on the Laws of EnglandCommentaries on the Laws of England" " entitled "entitled "Of the Trial by JuryOf the Trial by Jury": ":

""the more it is searched into and the more it is searched into and understood, the more it is sure to be understood, the more it is sure to be valued. And this is a species of knowledge valued. And this is a species of knowledge most absolutely necessary for every most absolutely necessary for every gentleman in the kingdom: as well gentleman in the kingdom: as well because he may be frequently called upon because he may be frequently called upon to determine in this capacity the rights of to determine in this capacity the rights of others, his fellow-subjects; as because his others, his fellow-subjects; as because his own property, his liberty, and his life, own property, his liberty, and his life, depend upon maintaining, in it's legal depend upon maintaining, in it's legal force, the constitutional trial by jury.". force, the constitutional trial by jury.".

Lysander SpoonerLysander Spooner, in his “An Essay on Trial , in his “An Essay on Trial by Jury”, by Jury”, said: said:

""It is not only the right and duty of It is not only the right and duty of juries to judge what are the facts, juries to judge what are the facts, what is the law, and what is the moral what is the law, and what is the moral intent of the accused; but that it is intent of the accused; but that it is also their right, and their primary and also their right, and their primary and paramount duty, to judge the justice paramount duty, to judge the justice of the law, and to hold all laws invalid, of the law, and to hold all laws invalid, that are, in their opinion, unjust or that are, in their opinion, unjust or oppressive, and all persons guiltless oppressive, and all persons guiltless in violating, or resisting the execution in violating, or resisting the execution of such laws.".of such laws.".

““No freeman shall be taken, or No freeman shall be taken, or imprisoned, or be disseised of his imprisoned, or be disseised of his freehold, or his liberties, or free freehold, or his liberties, or free

customs, or be outlawed, or exiled, customs, or be outlawed, or exiled, or in any other wise destroyed, nor or in any other wise destroyed, nor will we pass upon him nor condemn will we pass upon him nor condemn him unless by the lawful judgment him unless by the lawful judgment of his equals or by the law of the of his equals or by the law of the

land.”land.”- CAP 29 Magna Carta 1215.- CAP 29 Magna Carta 1215.

The Magna Carta Monument in Canberra’s The Magna Carta Monument in Canberra’s Parliamentary Triangle was opened by PM Parliamentary Triangle was opened by PM

John Howard on 26John Howard on 26thth September 2001. September 2001.

A few of the inscription says:A few of the inscription says:“Magna Carta is now seen as a traditional “Magna Carta is now seen as a traditional

mandate for trial by jury, justice for all, mandate for trial by jury, justice for all, accountable government and no arbitrary accountable government and no arbitrary

imprisonment.” imprisonment.” andand

“It is from the people that the Commonwealth “It is from the people that the Commonwealth gets its ultimate authority and to them that the gets its ultimate authority and to them that the

parliament is responsible.”parliament is responsible.”

The American Declaration of Independence The American Declaration of Independence 1776 says:1776 says:

“We hold these Truths to be self-evident, that all “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed Men are created equal, that they are endowed

by their Creator with certain unalienable Rights, by their Creator with certain unalienable Rights, that among these are Life, Liberty and the that among these are Life, Liberty and the

Pursuit of Happiness – That to secure these Pursuit of Happiness – That to secure these Rights, Governments are instituted among Men, Rights, Governments are instituted among Men, deriving their just Powers from the Consent of deriving their just Powers from the Consent of

the Governed, that whenever any Form of the Governed, that whenever any Form of government becomes destructive of these Ends, government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it is the Right of the People to alter or to abolish

it…..”.it…..”.

The American Declaration of Independence The American Declaration of Independence 1776 lists among the grounds for their declaring 1776 lists among the grounds for their declaring

to be “to be “absolved from all Allegiance to the absolved from all Allegiance to the British Crown, and that all political British Crown, and that all political

Connection between them and the State of Connection between them and the State of Great-Britain is and ought to be totally Great-Britain is and ought to be totally

dissolveddissolved” is “” is “FOR depriving us, in many FOR depriving us, in many case, of the Benefits of Trial by Jurycase, of the Benefits of Trial by Jury:” and :” and

““FOR taking away our Charters, abolishing FOR taking away our Charters, abolishing our most valuable Laws, and altering our most valuable Laws, and altering

fundamentally the Forms of our fundamentally the Forms of our

GovernmentGovernment:”…:”…

““And we will, that if any Judgment be And we will, that if any Judgment be given from henceforth contrary to the given from henceforth contrary to the Points of the Charters aforesaid by Points of the Charters aforesaid by

the Justices, or by other Officers that the Justices, or by other Officers that hold Plea before them against the hold Plea before them against the

Points of the Charters they shall be Points of the Charters they shall be undone and holden for nought.”undone and holden for nought.”

- CAP 11, Confirmation of Charters - CAP 11, Confirmation of Charters 12971297

“…“…your Majesty would also your Majesty would also vouchsafe to declare, that awards, vouchsafe to declare, that awards,

doings and proceedings, to the doings and proceedings, to the prejudice of your people in any of prejudice of your people in any of the premises, shall not be drawn the premises, shall not be drawn

hereafter into consequence or hereafter into consequence or example.”example.”

- s.11, Petition of Right 1628.- s.11, Petition of Right 1628.

Trial by Jury has been Trial by Jury has been entrenched Constitutional entrenched Constitutional

Law in Australia since 25 July Law in Australia since 25 July 1828 with the proclamation of 1828 with the proclamation of

the UK’s Imperial Act 9 the UK’s Imperial Act 9 George IV Chapter 83, George IV Chapter 83, known as the Australian known as the Australian

Courts Act 1828.Courts Act 1828.

A PARLIAMENT has the power, conferred by A PARLIAMENT has the power, conferred by its Constitution, “its Constitution, “to make laws for the to make laws for the

peace, order and good government” peace, order and good government” butbut “a “a law in excess of the authority conferred by law in excess of the authority conferred by the Constitution is no law; it is wholly void the Constitution is no law; it is wholly void

and inoperative; it confers no rights: it and inoperative; it confers no rights: it imposes no duties; it affords no imposes no duties; it affords no

protection…… To be valid and binding they protection…… To be valid and binding they must be within the domain of jurisdiction must be within the domain of jurisdiction

mapped out and delimited in express mapped out and delimited in express terms, or by necessary implication, in the terms, or by necessary implication, in the Constitution itself. What is not granted to Constitution itself. What is not granted to the parliament of the Commonwealth is the parliament of the Commonwealth is

denied to it.”denied to it.” (The Annotated Constitution (The Annotated Constitution of the Commonwealth of Australia by Quick of the Commonwealth of Australia by Quick

& Garran, p 346). & Garran, p 346).

““A Constitution …enumerates certain cardinal A Constitution …enumerates certain cardinal rules, principles and maxims which are intended rules, principles and maxims which are intended

to be the indiciae of public policy that should to be the indiciae of public policy that should guide or bind the Executive and the Judiciary guide or bind the Executive and the Judiciary

Departments. Thus Magna carta, the Petition of Departments. Thus Magna carta, the Petition of Rights, and the Bill of Rights, contain declarations Rights, and the Bill of Rights, contain declarations

of rights, privileges, and immunities, which are of rights, privileges, and immunities, which are said to be the inalienable birthright and heritage said to be the inalienable birthright and heritage

of every British subject, protecting his liberty from of every British subject, protecting his liberty from unlawful impairment and his property from unlawful impairment and his property from

spoilation.” - Q.&G.spoilation.” - Q.&G.

A Referendum in 1988 to A Referendum in 1988 to alter s. 80 of the THE alter s. 80 of the THE

CONSTITUTION to exclude CONSTITUTION to exclude Trial by Jury from cases of Trial by Jury from cases of

Contempt of Court and Contempt of Court and Court-Martials.Court-Martials.

RESULT: 80% “NO” RESULT: 80% “NO”

""The trial of civil issues by juries The trial of civil issues by juries is such an ancient and is such an ancient and established institution of English established institution of English law, that it may well be deemed law, that it may well be deemed not only incidental, but even not only incidental, but even necessary, to the due necessary, to the due administration of justice administration of justice according to English ideasaccording to English ideas."..".

 - Q. & G. - Q. & G.

Imperial Acts Application Imperial Acts Application Act 1969 No.30:Act 1969 No.30:PART 4 –PART 4 – PENALTIES PENALTIESs.43 Any person guilty of any offence under any s.43 Any person guilty of any offence under any Imperial enactment included in Part 1 of the Second Imperial enactment included in Part 1 of the Second schedule for which no punishment is otherwise schedule for which no punishment is otherwise provided is liable to imprisonment for a term of not provided is liable to imprisonment for a term of not more than five years or to a fine not exceeding 20 more than five years or to a fine not exceeding 20 penalty units, or to both such imprisonment and fine.penalty units, or to both such imprisonment and fine.

Imperial Acts Application Act 1969 No. 30 Imperial Acts Application Act 1969 No. 30

SECOND SCHEDULESECOND SCHEDULE PART 1- Constitutional EnactmentsPART 1- Constitutional Enactments

(1297)(1297) 25 Edward 1 (Magna Carta) c.2925 Edward 1 (Magna Carta) c.29……………………………………………………

(1627)(1627) 3 Charles 1 c.1 (The Petition of Right)3 Charles 1 c.1 (The Petition of Right)(1640)(1640) 16 Charles 1 c.10 (Habeas Corpus Act 16 Charles 1 c.10 (Habeas Corpus Act

1640)1640)………………………………..………………………………..

(1688)(1688) 1 William and Mary sess.2 c.2 (The Bill of 1 William and Mary sess.2 c.2 (The Bill of Rights)Rights)

The SUPREME COURT The SUPREME COURT PROCEDURE ACT No. 49, PROCEDURE ACT No. 49, 1900 says under section 3. 1900 says under section 3. “(1) “(1) In any action by consent of both In any action by consent of both

parties the whole or any one or more of parties the whole or any one or more of the issues of fact in question may be the issues of fact in question may be

tried, or the amount of any damages or tried, or the amount of any damages or compensation may be assessed by a compensation may be assessed by a

Judge without a juryJudge without a jury.”..”.

The INTERPRETATION ACT The INTERPRETATION ACT No. 15, 1987 says under No. 15, 1987 says under

section 30. section 30. “(1“(1) The amendment ) The amendment or repeal of an Act or statutory rule or repeal of an Act or statutory rule

does not: …(c) affect any right, does not: …(c) affect any right, privilege, obligation or liability acquired, privilege, obligation or liability acquired,

accrued or incurred under the Act or accrued or incurred under the Act or statutory rulestatutory rule.”..”.

HALSBURY’S LAWS OF AUSTRALIA HALSBURY’S LAWS OF AUSTRALIA

says under (130-13460):says under (130-13460): “Consent to “Consent to summary jurisdiction: The consent to summary jurisdiction: The consent to be tried summarily must be clear and be tried summarily must be clear and unequivocal and a failure to carry out unequivocal and a failure to carry out

the procedures for obtaining the the procedures for obtaining the consent will deprive the court of consent will deprive the court of

jurisdiction to determine the matters jurisdiction to determine the matters summarilysummarily.”.”

NATURAL JUSTICE NATURAL JUSTICE “Rules of fair “Rules of fair play” Any decision reached in contravention of play” Any decision reached in contravention of

natural justice is void as ultra vires. There are 2 natural justice is void as ultra vires. There are 2 principal rules: (1) The first is the rule against bias principal rules: (1) The first is the rule against bias - nemo judex in causa sua (or in propria causa). - nemo judex in causa sua (or in propria causa). This means that any decision, however fair it may This means that any decision, however fair it may

seem, is invalid if made by a person with any seem, is invalid if made by a person with any financial or other interest in the outcome or any financial or other interest in the outcome or any

known bias that might have affected his known bias that might have affected his

impartialityimpartiality

““s.259. The Court or judge may amend any s.259. The Court or judge may amend any notice of motion, rule nisi, writ, pleading, notice of motion, rule nisi, writ, pleading, affidavit, jurat or title of affidavit, record, affidavit, jurat or title of affidavit, record,

praecipe, or other proceeding used before the praecipe, or other proceeding used before the Court or Judge not likely to mislead the Court or Judge not likely to mislead the

opposite party on any point essential to the opposite party on any point essential to the merits of the case, and may award such merits of the case, and may award such

reasonable costs of such amendment as to the reasonable costs of such amendment as to the Court or Judge seem fit.” Court or Judge seem fit.”

- Common Law Procedure Act No.21 1899- Common Law Procedure Act No.21 1899

  

The BILL OF RIGHTS 1688 says that:The BILL OF RIGHTS 1688 says that:

““the late King James the Second, by the the late King James the Second, by the assistance of evil counsellors, judges and assistance of evil counsellors, judges and ministers employed by him, did endeavour to ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and subvert and extirpate the Protestant religion and the the laws and liberties of this kingdom ……by the the laws and liberties of this kingdom ……by assuming and exercising a power of dispensing assuming and exercising a power of dispensing with and suspending of lawswith and suspending of laws..”. ..”.   

I have said in the Supreme Court of I have said in the Supreme Court of New South Wales and the High Court New South Wales and the High Court

of Australia that:of Australia that:

“ “Judges must never be given nor Judges must never be given nor allowed to assume absolute power allowed to assume absolute power

whereby they can conceal their own whereby they can conceal their own incompetence, corruption and incompetence, corruption and

treacherytreachery."..".

Thomas Jefferson said in 1821: Thomas Jefferson said in 1821: “The germ of “The germ of destruction of our nation is in the power of destruction of our nation is in the power of

the judiciary, an irresponsible body - the judiciary, an irresponsible body - working like gravity by night and by day, working like gravity by night and by day,

gaining a little today and a little tomorrow, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief and advancing its noiseless step like a thief over the field of jurisdiction, until all shall over the field of jurisdiction, until all shall

render powerless the checks of one branch render powerless the checks of one branch over the other and will become as venal over the other and will become as venal and oppressive as the government from and oppressive as the government from

which we separated.”which we separated.”..

“…“…when a long train of abuses and when a long train of abuses and usurpations, pursuing the same usurpations, pursuing the same

Object evinces a design to reduce Object evinces a design to reduce them under absolute Despotism, it them under absolute Despotism, it

is their right, it is their duty, to is their right, it is their duty, to throw off such Government, and throw off such Government, and

provide new guards for provide new guards for U.S. Declaration of Independence, U.S. Declaration of Independence,

July 4, 1778.July 4, 1778.

Commonwealth of Australia Constitution Act , Commonwealth of Australia Constitution Act , (63 & 64 Victoria, Chapter 12) [9(63 & 64 Victoria, Chapter 12) [9thth July 1900]: July 1900]:

Covering Clause 9, THE CONSTITUTION:Covering Clause 9, THE CONSTITUTION:

s. 80: The trial on indictment of any offence against any s. 80: The trial on indictment of any offence against any law of the Commonwealth shall be by jury…”.law of the Commonwealth shall be by jury…”.

s.118: Full faith and credit shall be given, throughout s.118: Full faith and credit shall be given, throughout the Commonwealth to the laws. The public Acts and the Commonwealth to the laws. The public Acts and

records, and the judicial proceedings of every State.records, and the judicial proceedings of every State.

““UPON these accounts the trial by jury ever has UPON these accounts the trial by jury ever has been, and I trust ever will be, looked upon as the been, and I trust ever will be, looked upon as the glory of the English law. And, if it has so great an glory of the English law. And, if it has so great an

advantage over others in regulating civil advantage over others in regulating civil property, how much must that advantage be property, how much must that advantage be

heightened, when it is applied to criminal cases! heightened, when it is applied to criminal cases! But this we must refer to the ensuing book of But this we must refer to the ensuing book of these commentaries: only observing for the these commentaries: only observing for the

present, that it is the most transcendent privilege present, that it is the most transcendent privilege which any subject can enjoy, or with for, that he which any subject can enjoy, or with for, that he

cannot be affected either in his property, his cannot be affected either in his property, his

liberty, or his person,liberty, or his person,

but by the unanimous consent of twelve of his but by the unanimous consent of twelve of his neighbours and equals. A constitution, that I may neighbours and equals. A constitution, that I may venture to affirm has, under providence, secured venture to affirm has, under providence, secured

the just liberties of this nation for a long the just liberties of this nation for a long succession of ages. And therefore a celebrated succession of ages. And therefore a celebrated

French writer (Montesq. Sp.L.xi.6), who French writer (Montesq. Sp.L.xi.6), who concludes, that because Rome, Sparta, and concludes, that because Rome, Sparta, and

Carthage have lost their liberties, therefore those Carthage have lost their liberties, therefore those of England in time must perish, should have of England in time must perish, should have

recollected that Rome, Sparta, and Carthage, recollected that Rome, Sparta, and Carthage, were strangers to the trial by jury.were strangers to the trial by jury.”- Blackstone.”- Blackstone.