Nullifying the Constitution
Nullifying the Constitution
Date: 15/03/2006 13:48:40
From: "John Wilson" |jhwilson at acay.com.au|
When an action in a Court involves the Constitution, 78B Notices are sent to all the Attorney-Generals around the country to inform them that the Constitution or part/s of it are one or more of the aspects of that action which is to be tried.
The function, right, responsibility and duty of a Jury is to "find out what is the law, judge the justice of the law, determine if the law is being appropriately applied, judge the moral intentions of the parties, (etc).", and each Juror must judge all the issues of fact and law "entirely according to their conscience".
If a Jury decides that a section of the Constitution is bad or inapproriately applied in that particular case, the Jury makes nothing of it, ie: it nullifies it. The word is "null"....meaning "not binding, especially under law; of no effect; as if not existing; not any; nothing; zero", and "ify" at the end of any word means "to make".
I like the phrase in the Confirmation of Charters 1297 of "holden for nought". Actually, one dictionary had it wrong because it said it meant "cancel", which it doesn't.That is why the meanings of words must be clearly understood.
Jury Nullification is essential if the a Jury is to able to administer Justice and not simply administer Law because, don't forget, "Law and Justice are not synonymous because a law can be unjust.". If Juries couldn't nullify the Constitution, then why send out 78B Notices?
----- Original Message -----
From: "Joe" |succeed at alt3.net|
To: "John Wilson" |jhwilson at acay.com.au|; "Jim Townsend" |datamorf at hotmail.com|
Sent: Tuesday, March 14, 2006 4:17 PM
Subject: Re: The Constitution - Secret Talks.????
| Greetings John,
| Sorry John I did not send this when I wrote it, but later thought that I
| had, then sent a reply to a second email, which part of will now make little
| sense. ------------------
| Unlike you to get it wrong, but this time you have.
| A Constitution that is a country's Constitution and not that of the local
| Tennis Club cannot be nullified by a petit or grand jury. It requires the
| big jury that of the country deciding via referendum.
| A set of rules - a constitution is required to establish a democratic
| limited system of government, where government is limited to a set of
| clearly stated principles, unfortunately the Commonwealth Constitution does
| not measure up and as a result we have the problems that become clearer by
| the day.
| People are not challenged in the court over breach of the Constitution, but
| governments and government officials are.
| It is true that people are bound by the Constitution, this means to say that
| any government Act done within the Constitution must be observed by the
| people (subject to jury overview) and as a result people are held
| responsible by the Act not by the Constitution.
| John, a lot of the stuff you put out is about closing the gate after the
| horse has bolted, it is the function of a fully-informed jury to close the
| gate on bad law, the first horse, preventing his escape.
| We need to be careful not to over react to what is going on and as a result
| throw the baby out with the bath water.
| An effective constitution limits government.
| Effective limits prevent most if not all of the things you are relying on to
| be corrected by juries from taking place.
| In other words the problems we experience under a bad constitution would not
| arise under a proper constitution.
| The well-informed jury is the check point, the sentry on duty to see that
| nothing passes that can be used to defeat the fundamental rights and
| freedoms of the individual and as society is made up of individuals the
| whole of society is thus protected.
| A proper and just working constitutional system would leave little for a
| jury to decide outside of the application of justice in individual cases,
| but the jury remains the outer guard on duty.
| By all means return to the guard its full strength, but while doing so close
| the gate to the castle before the guard is pot to unnecessary test and all
| is at risk to an elite gang of marauders.
| Regards, Joe Bryant
| ----- Original Message -----
| From: "John Wilson" |jhwilson at acay.com.au|
| To: "Jim Townsend" |datamorf at hotmail.com|
| Sent: Tuesday, March 14, 2006 11:02 AM
| Subject: Re: The Constitution - Secret Talks.????
| | Dear Jim,
| | A written Constitution is like any other Law and can be nullified by any
| | Jury (it only requires a fully informed Jury). But still, it's nice to
| | have
| | one to formalize the structure of the Administration of the Parliaments,
| | Executives, and their respective Departments. No Law controls the
| | Government
| | in a Democracy because in a Democracy the People Rule, ie: the People
| | govern
| | themselves and everything else in the country (see: Trial by Jury plus
| | "Government of the People, by the People and for the People").
| | Yours sincerely,
| | John Wilson.