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A Summary Guide to the English Constitution

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Offline the leveller

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A Summary Guide to the English Constitution
« on: February 05, 2013, 12:03:36 AM »
A Summary Guide to the English Constitution

With acknowledgement to Albert Burgess

NOTES:   

The comments in red type show how various Governments attempted to repeal these laws and give examples of their violation.

Sedition is any act designed to subvert the Constitution.

Treason is any act designed to betray the Sovereign, Constitution and the English.


England is governed by Parliament which consists of the House of Commons, who create laws, the House of Lords, who scrutinise the laws and the Sovereign who gives the Royal Assent if they agree that it is in the interests of their subjects. Any attempt to change this system is treason. 


886 Alfred the Great 

The Dome   He took all the best laws from all the kingdoms under his rule      and brought them together and recorded them in the ?Dome?.

1100 Henry I 

Charter of Liberties  Henry believed he ruled by divine right which was promoted by the      Catholic Church. He was forced by the Barons to issue this Charter     which was a restatement of Alfred?s laws.

1213 King John

Magna Carta   John was a very bad King, who fearing for his own safety, handed the     kingdom over to the Pope and ruled as a vassal king paying the Pope     1000 marks per year. John was forced to sign Magna Carta by all the     Estates of England and it can only be undone by all the Estates of      England thus making it beyond the reach of Parliament. This protects     us from fines and forfeitures unless found guilty in a court.

    Today we have a whole range of fixed penalty fines which cannot be     appealed against.


1216 Henry III  Henry de Bracton of the King?s Bench made several rulings which      prevented the sovereign from acting unjustly. One of his rulings was     that, ?he is beneath the law for it is by the law that he becomes King? 

    Another was, ?In England we have the rule of law; unjust laws are not     laws.?

1351 Edward III   

    In 1366 the Pope demanded the back payment of his 1000 marks per    year. Edward asked the Bishops then the Lords and then the 

    Commons what he should do? They unanimously told the Pope to get     stuffed. Under English Law the sovereign only holds England in trust     for their successors. Edward was also King of France and as      such could have no say in how England was governed.

    Clement Atlee repealed the Statute of Provisors with the 1948      Criminal Law Revision Act thus paving the way for membership of the     EEC and allowing disposal of English assets to a foreign power. This     was an act of treason.

    The following were a violation of the above Statute.

    In 1910 the House of Lords rejected Asquith?s Finance Bill because it     was unfair to the public. Asquith then created the Parliament Act 1911     by threatening the House of Lords with closure. King Edward VII      refused Royal Assent because it removed protection from the people.     However Edward died shortly after and the new King George V was     informed that he could not use the Royal Prerogatives without the      backing of a Government Minister. In 1999 Tony Blair put through the     House of Lords Act which was to remove all but 92 hereditary peers.     Currently David Cameron and Nick Clegg plan to replace the House of     Lords with an elected senate. Restricting the hereditary peers from      playing their part in government were acts of treason as were all the     others mentioned. 

1392 Richard II

Statute of Praemunire This statute prevented foreign laws being imported and the drawing out     English people to face foreign courts.

    Harold Wilson repealed this statute in the ?Criminal Law Act 1967?      allowing the Heath Government to place our courts under the dominion     of the EEC. This was an act of treason. Today this court is called the     European Court of Human Rights. 

1559 Elizabeth I   

Act of Supremacy  This Act contains an oath of which this is part, ?...no foreign prince,      person, state or potentate, hath or ought to have any power,       jurisdiction, Superiority, Supremacy, or authority ecclesiastical or      spiritual in this realm?.

    This Act clearly shows that we are not to tolerate any attempt to allow     any kind of foreign interference in our affairs.

    Edward Heath committed treason when he set up a conspiracy, in      violation of this Act, to submit our sovereignty to the EEC. By default     every succeeding Government has also committed treason in      continuing with EU membership.       

1628 Charles I

Petition of Rights  The king was presented with a Petition of Rights which was a      restatement of Alfred?s laws.

1641

The Grand Remonstrance This was a request by Parliament asking the King to rule by law.      Charles refused, was tried for treason and beheaded.

1689 William III

Declaration of Rights William, who was Dutch, asked the politicians how the English wanted     to be governed? This produced the Declaration of Rights. 


The Bill of Rights  The new Parliament immediately passed the Declaration of Rights into     a law called the Bill of Rights. This contained two codicils, the first      stating that any amendment after 23 September 1689 was unlawful.     The second was that the Bill was for all time as it can only be changed     by representatives of the people meeting together again.

    This Bill states that any threat of fine voids the offense. We are      threatened with fines if we do not pay for a TV licence or pay car tax. If     we do not insure our cars they will be crushed. We have detention for     28 days without providing evidence. These are all constitutionally      illegal. David Cameron wants to create a new Bill of Rights that would     embody the European Convention on Human Rights. The ECHR      contains excesses that this country does not accept. We do not need     another Bill of Rights as we have a good one that is for all time.

1695

The Treason Act  This Act was one of connivance. It put a time limit of three years on     bringing traitors to trial. This was to protect the people who took      vengeance against those who forced James II to flee and put William III     on the throne. It is nonsense to allow traitors who escaped justice for     three years to get away with it. This time limit clause was repealed in     1945. Lord Haw-Haw aka William Joyce was executed in 1946 not      because the three year time limit was repealed but because his treason     was committed outside the country in Germany.

1945 George VI

The Treason Act  The main reason for this amendment, under Churchill?s Government,    was to repeal the three year time limit.



Footnote

David Cameron once stated that Parliament was Sovereign. George III had a twenty year running battle with Parliament about who was Sovereign; him or Parliament. George won! The Prime Minister William Pitt the Elder, said, ?...instead of the arbitrary power of a Stuart king, we must submit to the arbitrary power of the House of Commons. If this be true, what benefit do we derive from the exchange? Tyranny my Lords, is detestable in every shape, but none more so formidable as where it is assumed and exercised by a number of tyrants. My Lords, this is not the fact, this is not the Constitution, we have a law of Parliament. We have a Statute Book and the Bill of Rights?.


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the watcher

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Re: A Summary Guide to the English Constitution
« Reply #1 on: February 11, 2013, 10:18:52 PM »
FROM THE ARCHIVES
===============


The PM David Cameron is clearly ignorant of the Constitution and more particularly our Bill of Rights (1689), a product of the people, otherwise he would not have had the gall to be proposing a Bill of Rights.
 
 
 
Our Constitution has been set out in the book (Layman's Guide to the English Constitution) authored by Albert Burgess and published by myself. Politicians and Governments everywhere are by nature power hungry and resist the constraints imposed by constitutions.
 
 
 
Hence they claim that there is no written constitution and that which exists in not entrenched - meaning they think it can be ignored and replaced by anything that comes to mind.
 
 
 
In this, they have been encouraged by Bagehot's 'English Constitution' (1867) which is nothing less than a plot to keep the masses in their place (read it and you will see).

 
 
There is also a recent book: 'The Constitution of the United Kingdom' (2007) by Peter Leyland which, to be quite honest, is nothing of the sort and goes out of its way to denigrate the real Constitution by proposing that the Constitution is unwritten and that it can be ignored and replaced by Parliamentary usurpers whenever it

likes i.e. make it up as you go along.
 
 
 
Worse still, it is the Parliament's bookshop on the corner of Parliament Square and Whitehall that pushes these books and refuses to stock anything that goes against their philosophy - no wonder our parliamentarians are so ignorant on this.
 
 
 
I do believe that the real Constitution does need enforcing and updating, but any updating should exclude any input from government or politicians - a la Thomas Paine.

 
 
If you agree with this you could take this up with your MP.
 
 
 
The late John Gouriet wrote out his vision of the principles which should be included in a modern-day constitution and I believe it is appropriate now to remind the public of his wisdom - here it is:
 
 
 
 
 
 
 
 
 
GOLDEN PRINCIPLES OF THE BRITISH CONSTITUTION
 
 
 
1.      Sovereignty is entrusted to and exercised by the Monarch on behalf of the people, and administered by Parliament which has no lawful authority ever to breach, surrender, lend or transfer (even temporarily) sovereignty unless conquered in war, in defence and maintenance of their laws, customs, rights, liberties.
 
2.      No one (neither Monarch, nor Prime Minister, nor any prelate, politician, judge or public servant) is above the Statute and Common Law of the United Kingdom that form the British Constitution (including Magna
 
      Carta [1215 & 1297], Petition of Right [1628] the Declaration and Bill of Rights [1688/89], Acts of Union,
 
      Succession and Settlement [1701-07], the Coronation Oath Act [1689]).
 
3.      British Citizens have an inalienable right to be governed justly, lawfully and exclusively by their
 Parliament in Westminster (the Crown, the Lords Spiritual and Temporal and freely elected/replaceable representatives in the Commons), all of whom are servants of the people. Parliament?s power is not supreme but conditioned by oaths of office under the Constitution and the people?s immutable franchise.
4.      No Taxation is lawful without representation, nor may taxes be oppressive, unnecessary,
      confiscatory or contain double tax (eg VAT on petrol tax).
5.      Trial by Jury, habeas corpus, right of appeal are inalienable right of all accused under British jurisdiction.
6.   Innocence is presumed unless proved guilty in court. If acquitted, no retrial on same charge.
7.      No fine or forfeiture before court conviction by any official (eg arbitrary speeding and parking fines).
8.      The British Constitution is sworn by solemn oaths of office and/or allegiance to be upheld and defended impartially in perpetuity without exception by the Monarch, ministers, politicians, judges, members of the armed forces, police and others in authority.

9.      The Government must always act within limits and constraints imposed by the Constitution; including the making and repeal of law; it may not diminish or transfer its own power so to act; nor weaken, ignore or over-ride the British Constitution whether to serve its own or others? ends; it may not suspend or dispense with the law; nor impose harsh or unusual punishment.

10.  Constitutional Law takes precedence over administrative law. It may be improved, or expressly repealed if not entrenched; however it may never be supplanted or repealed just by passing a newer statute or administrative instrument and its breach may be treason.
 
11.  British Citizens may petition the Monarch if all other remedies fail, without fear of reprisal or prosecution. The Crown is sworn by oath to protect all subjects from violation of their lawful rights and liberties, retaining the power and responsibility to ensure redress is exercised and the law is upheld.

12.  Guaranteed Justice. There must be no undue delay in legal proceedings. Immigrants must adhere to British laws and customs.  If wronged, British Citizens are entitled to a remedy and to seek redress in law. Punishment must fit the crime and must not be excessive or unusual, such as torture. Judgements must be exercised with compassion and mercy at every level.

13.  Right to be defended from our enemies.

14.  Right to defend self, family and property by whatever reasonable means necessary.
 
15. Right to private ownership of property and assets.
 
16. Right to engage in any activity not specifically banned in the national interest or safety.
 
17. Right to associate freely or not to associate with any political party, trade union or

      organisation, except those proscribed as posing a threat to security and interests of the United Kingdom.

18. Right to freedom of speech, writing and publication.
 
19. Freedom of religion and worship, except that the Protestant Succession shall be maintained.
 
20. Royal Prerogative is the Sovereign?s alone. It must not be innovatory, offensive or repugnant to the law.
 
21. Separation of Powers between Crown, Executive and Legislature must be invariably maintained.
 
22. The Crown shall always retain the absolute right to dissolve and open Parliament; call General
 
       Elections; refuse Royal Assent to any Bill that does not enjoy the settled will of Parliament, is not in
 
       the interest of the nation or is unconstitutional; receive and act upon public petitions; declare
 
       war if unavoidable only in self-defence of the United Kingdom and or our vital interests.
 
 
 
OUR BIRTHRIGHT OF GUARANTEED LIBERTY IN ACCORDANCE WITH THE BRITISH CONSTITUTION AND RULE OF LAW IS ABSOLUTE AND ETERNAL
 
 
 
John Gouriet                                                                           Defenders of the
 
Realm                                                                   

November 2009 (First published 2005)


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