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The Fundamental Principles Of Our Constitution

by | Wednesday, 22nd July 2009
The Ministry of Justice has this to say about the Constitution - The British Constitution is not, as it is in many countries, a ‘written constitution’. It is not codified in a single document but is made up of a complex web of statutes, conventions, and a corpus of common and other law. It is also informed by an interweaving of history and more modern democratic principles. The legal premise of the United Kingdom constitution - that the UK parliament is sovereign - is a fundamental part of our constitutional arrangements. This means that an Act of Parliament must be obeyed by the courts, that later acts prevail over earlier ones, and that the rules made by external bodies cannot override Acts of Parliament. The Bill of Rights 1689 and Magna Carta are important elements of our constitution. Magna Carta is Primary legislation and has the same status as any other legislation and is not immune from repeal or amendment. The same applies to the Bill of Rights which was an ordinary Act of Parliament passed in the ordinary way. What a pack of lies.

The first lie, forever repeated and unqualified in the media, comes in the first sentence, constantly rolled out to reinforce the idea among the inhabitants of this country that we have no Constitution. The second lie, that the UK Parliament is sovereign - there is no such premise of the Constitution. The third, that rules made by external bodies cannot override Acts of Parliament, when in fact more and more rules today come from the EU directly into the so-called third sector, bypassing Parliament altogether.

The fourth lie is in the entire second paragraph. Magna Carta and the Bill of Rights are Statute, it is true. As such, they can be repealed and amended. However, they were Common Law documents first. The Bill of Rights, for example, is an enacted version of the Declaration of Rights, a Common Law document.

Parliament was not a party to these Common Law contracts between the people and the Monarch. So while Parliament can do what it likes with its own Acts, it cannot lawfully make any change to the Magna Carta or the Declaration of Rights.

We have a tri-partite government in this country. The Commons, Lords, and the Crown (not the Monarch) are intended to provide protections and limits upon each other. But look at what has happened:

The role of the Lords has been destroyed through "reform" - today two thirds of the Lords follow the party whip. Where's the limit on government there?

Royal Assent has been essentially stolen, and today our Monarch simply complies with the wishes of the Prime Minister, with no thought or consideration to our sovereignty or the Constitution. Where's the limit on government there?

The Party system is, in and of itself, undemocratic because once a party has a majority, in the Commons and the Lords, it can do as it pleases.

MPs are supposed to represent the will of the people in Parliament for a defined purpose. It is not unlimited. They do not hold absolute power, no matter what they choose to think, or to say. We did not rid ourselves of the divine right of Kings to have it replaced with a divine right of politicians.

The people vest the power of governance in the Crown under the terms of a legal contract. The principle clauses of the contract may be found in the Declaration of Rights 1688 and the Coronation Oath Act 1688. In conjunction with these are Magna Carta 1215, the Petition of Right 1628, the Bill of Rights 1689 and the Act of Settlement.

The contract is upheld by the Coronation Oath, and its terms confirm the basis of our governance according to the laws and customs of the People. But this does not absolve us of the responsibility to make sure that the contract and the Coronation Oath are being upheld. We have allowed the lies to be told, and the breach of contract to take place, to our shame.

The MPs and Lords terms of reference are defined in the law of Parliament and our Constitution. Parliament does not represent the sovereignty of the people. The people’s sovereignty is represented by the Crown in Parliament.

The Crown is the peoples' institution occupied by the Monarch with the consent of the people as demonstrated by their acceptance at the coronation. That consent can be withdrawn, and has been on several occasions in the past.

True allegiance is given to the Crown and through the Crown's contract that allegiance is returned to the people. Swearing oaths of allegiance contracts those who hold office under the Crown do abide by the Rule of Law as being the only means of governance to be used for the maintenance of our liberty. Since the Crown is constitutionally limited by the Rule of Law and has no power to breach those limitations, the same limitations apply to all its officers and ministers at all times.

As noted above, government is a tri-partite structure. It is the Crown who is vested with the power of governance, not the Lords or Commons. It is only with the advice of the two Houses that the Crown may exercise its power of enactment. That power of enactment is constitutionally solely vested in the Crown and always under our contract.

Should breach of our Constitution occur, for any reason, we always have a right of redress and remedy through the act of petitioning the Monarch, who would then have a duty to dissolve Parliament and call for elections. Similarly in defence of the people’s liberty the Monarch has a duty to withhold Royal Assent from Acts of Parliament that breach our Constitution.

Royal Assent is given or withheld by the Monarch having received the advice of ministers, who must not advise a breach of the Coronation Oath – for this is Treason.

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