Our Rights, Where Do They Come From?
We are fortunately born as humans with human rights, it is our inheritance from our for fathers who sacrificed dearly for rights. Rights are there, legislators take them away, and historically they have to be then re recognised as what occurred in 1215 with Magna Carta, and in 1688 with the Declaration of the Bill of Rights and unfortunately the American colonies had to break away and establish there own recognition process with there Bill or Rights which they inherited from the British model.
We rely on the original Bill of Rights that is a contract between the people and the Crown. No public servant or Parliament, or Governor can have more power than the Crown/ Monarch all power devolves from them, and as they are Constitutional Monarchs they cannot usurp the Bill of Rights.
The Bill of Rights lays down limits on the powers of sovereign and sets out the rights of Parliament and rules for freedom of speech in Parliament, the requirement to regular elections to Parliament and the right to petition the monarch without fear of retribution. It reestablished the liberty of Protestants to have arms for their defence within the rule of law, and condemned James II of England for “causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law”. These ideas about rights reflected those of the political thinker John Locke and they quickly became popular in England.
How did it begin?
In 1685 James II the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland came to the throne. He was not very bright, or well liked. His elder brother, Charles II was probably the best of the Stuart Kings because he concentrated more on the Boudoir and the girls, than interfering with the country. On one of the Kings nightly forays his younger brother James suggested he shouldn’t go out into dangerous streets with so little escort, to which he allegedly replied: “There is not a man in all my kingdom who would kill me to put you on the throne”.
And so it proved to be when King James II brutally crushed the Monmouth Rebellion and got himself thoroughly disliked for wanton abuses of power. In 1688 a group organized a ‘convocation’ of all the worthies of the Realm and told James II to hop it. They also invited William the Duke of Orange to become the first Constitutional Monarch. William was a nephew and son in law. This ‘Constitution’ meant that although the Sovereign may not be over-ruled, the definition of Sovereign, they are, nonetheless, bound by limits to their power.
Chief among the strictures imposed was the imperative that the Nation may not be given away, so no other power could dominate us like a Pope, or a European Parliament, nor could they over-rule our courts. At the time the worry was the Catholic hegemony, which having lost Britain a 150 or so years earlier, was still scheming to get a puppet on the throne.
Although Cromwell’s Commonwealth was within living memory, and they were dumping a pretty rotten Royal, they nevertheless chose the Monarchy over a Republic.
Separation of Power.
They also put all authority within the hands of the Sovereign to be lent out on the receipt, directly or indirectly, of a bondsman’s oath. This means judges, the police, the armed services et al. have no authority in their own right, but rather the authority the sovereign lends them.
Thus they effectively put all their eggs in one basket and made the protection of the sovereign and national sovereignty paramount. With hindsight the reason is clear, a sovereign, being a person, may be held accountable for the actions done in their name, and we can all agree accountability is sadly missing today. Our current Queen unlike Queen Victoria has not taken the Governors to task for exceeding her power and giving assent to legislation which the Queen herself is limited under the Declaration or Bill of Rights. Maybe a future Monarch will make these necessary corrections to the Gun laws, joining with Europe etc.
The Sovereignty of Parliament Scam.
Many ignorant lawyers will try and persuade you that since Great Britain has no written Constitution, it has no Constitution. This is not so, we have many ‘Constitutional Documents’ all written, of which by far the most important are the Magna Carta and the Declaration of Rights 1688, the result of James II demise. The reason these carry more weight is that in both incidents the Rule of Law had broken down and the documents represented the conditions under which the people would give their Consent to the Rule of Law.
This is the purpose of a Constitution, to set bounds on The Powers That Be, to draw the line beyond which the people will withdraw consent and rebel. To days politicians now try to use the Authority conceded to them to ‘adjust’ the Constitution bit by bit, snipping away at Liberties. Americans are vigilant on this front, but in Britain and Australia we they have gradually rewritten the Law Books on for instance on Gun Laws and the Freedom of Speech, or at least they think they have, and claim our implied Consent by the fact we haven’t rebelled… As yet.
The Contract is Made at Coronation. The Monarch Rules By Birth Right, Our Rights are our Birth Right.
So the Constitution is not an outdated legal thing with little relevance today, as the politicians will have you believe, rather it is that line beyond which lies rebellion, withdrawal of Consent to The Rule of Law. A constitution cannot be decreed for us any more than respect can be demanded, yet it is respect for the law that leads to consent to the rule of law. At our Queens coronation every new monarch takes the Coronation Oath, the Coronation Oath is another one of our Constitutional documents in this oath the Monarch swears on the Bible to up hold the Laws of God and the Ancient Laws of England as her ancestors have done for over 1000 years. The Queen ‘Sovereign’ gets this power by birth right, we the people get our rights by birth, by all being born as well as Australians, Canadians, all British Subjects. If we have the Monarchy we have the Bill of Rights the two are inseparable, in the Bill of Rights Catholics are not supposed to disarm us and Protestants can be armed suitable for their defence. The right to Petition, Freedom of speech, a right to a free court system. The Bill of Rights was influenced by the great thinker by John Locke a famous libertarian wrote “The Two Treatises of Government” The Second Treatise outlines a theory of political or civil society based on natural rights and contract theory. As he explains the natural rights are there forever. He explains their relevance for people living together within a community.