Common Law vs Statutes
Living by the Rule of Law
Few of us would disagree that the world would be a better place if we all lived by the rule-of-law – but can the same be said about living by the rule of statute? The writer thinks not.
In making the case that ‘the law’ benefits our society as a whole but ‘statutes’ benefit special interest groups and have become a negative factor in our lives let me first put forward my views as to what the differences between laws and statutes are. Here follows a summary of my interpretation of the differences (not necessarily in order of importance, sometimes repeated and definitely not exhaustive) – please feel free to challenge me if you disagree.
Warning: My assumptions are based on my own logic and reasoning – I have the benefit of not having been ‘trained’ to think like a barrister or a solicitor – in fact I have not been ‘trained’ to think like anybody – I tend to think for myself, which it appears very few people do these days… most preferring it seems to being ‘guided’ conveniently to the same conclusions as the ruling elite – some might call it brainwashing, I wouldn’t be so rude. I invite you to think for yourself and make your own conclusions as to whether you think my assumptions are correct.
The basis of my thinking is that no individual on this planet has the right (or authority) to tell any other individual what to do unless they have given their consent. We are governed by consent. But we give our consent unwittingly – and that is how they control us. Withhold your consent and you take back control of your life.
– All Acts of Parliament are ‘statutes’ known variously as legislation, regulations or rules. They are not laws. Statutes are often incorrectly referred to as laws by ‘trained’ barristers and solicitors, but the correct interpretation would be ‘black letter law’ (meaning statutes) which are distinguishable from ‘law’ i.e. common law – and for a purpose, the purpose being that statutes and laws are different. If Acts of Parliament were laws they would be called ‘Laws of Parliament.’ Parliament knows the distinction which it quite rightly maintains. Look at any Act of Parliament and you will notice the absence of the word law – that will give you the first clue that there is a difference. Parliament maintains the distinction between statutes and laws because those ‘in the know’ use this knowledge for their personal benefit.
– A ‘statute’ is defined as a rule or regulation of a society – they are edicts of legislation used to govern that society. Statutes are subject to the consent of the society – and this is individual consent and not collective consent. We belong to society as a matter of choice.
– The distinction between a law and a statute is that a law applies equally to us all but statutes can be made to favour one sector of society over others, for example, people with disabilities are given preferential parking privileges (which is fair enough) and politicians have given themselves special dispensations re their expenses which the rest of us do not have (which is outrageous).
– There is a compulsion to obey laws. Laws defend our freedoms and liberties and through them we live in peace and harmony with our neighbours. Failure to comply with laws would render an individual an outlaw. If you do not respect the law then it can afford you no protection.
– Obeying statutes is voluntary i.e. with our consent. Any individual can withdraw their consent to being governed (controlled) by the statutes of a society. This might involve their exclusion from that society and the loss of benefits, but when the imposition of the liabilities outweighs the benefits, then that might be a price worth paying. The choice is and should be yours.
– Consent must be given by the individual and not by a collective on behalf of the individual – this would be dictatorship by the majority. There is no freedom in having to do whatever you are told. Each individual must have the absolute right to give and withhold their consent. This is the basis of our constitution – individual freedoms.
– Government is elected into ‘office’ not ‘power’ as they frequently like to claim.
– The ultimate constraint on the abuse of authority (office) is the peoples ability to withdraw their consent to being governed – and at any time, not just at elections. Without consent, authority enforced becomes power and government then becomes tyrannical. We never give ‘power’ to those we elect, we merely give them authority to act on our behalf. Today’s governing bodies are slowly mutating into tyrannies, because they are ignoring the principles of consent and are securing ‘power’ for themselves.
– The ‘divine right of kings’ was destroyed by rebellion – we are now living under the yoke of the ‘divine right of politicians’ who saw fit to pass the Lisbon Treaty against the will of the people. Lawful Rebellion is a right – and the means by which we deal with the abuse of office.
– A rejection of statutes does not imply a rejection of the law. A rejection of statutes is a rejection of governance. It is for those governing to make sure that the statutes they make are acceptable. The distinction between laws and statutes has been lost in the fog of time. Many long-in-the-tooth ‘legal’ practitioners will argue that statutes are laws – but if statutes were laws they would be described as such to avoid ambiguity. The ‘legal’ profession has failed in its duty to maintain and understand the distinction between laws and statutes – through ignorance – but also because ignorance of the distinction has given the ‘legal’ profession enhanced authority – why would they promote knowledge of the difference? It isn’t in their interest to do so. It is after all, the legal profession that now runs the court system – with magistrates (our representatives) having been pushed to the side by statute. (The Magistrate Court Act 1980). Magistrates having been made subservient to the decision of the legal adviser in court. This was a power-grab statute.
– Statutes do not apply equally to us all. Some sectors of society are given preferable treatment under statutes. Politicians for example have given themselves pension provisions which the rest of us can only dream of. The EU common agriculture policy (a statute) rewards wealthy land owners – but not tenant farmers. The police can park on double yellow lines (which we are told is dangerous) when they are on duty – we can’t when we are on duty (at work). Special interest groups often benefit from statutes – banks being a notable example. Politicians on leaving politics will often be rewarded by these special interest groups by way of generous salaries, director’s fees and perks as a ‘thank you’ for passing preferential legislation. A disproportionately large number of ex-Ministers of the Crown now work (I use that word advisedly) for the banks. Some would describe this as a ‘perk’ I have another word in mind.
– If a statute is passed transferring their authority (to Brussels for example) – we can withdraw our consent because such an act is unlawful.
– It has become the habit of the legal profession to describe statutes as laws. Habits, no matter how entrenched do not however create facts. Statutes are not laws.
– If statutes become overly prescriptive, restrictive, onerous and oppressive – the people not only have a right to withdraw their consent – they have an obligation and a duty to do so in order to defend themselves against tyrannical power.
– Statutes are supposed to protect society and help in fair and just governance, but from time to time (over centuries) statutes mutate to become more oppressive and work against the wider interest of the community and invariable benefit small sections of society. During these times these groups will work hard to defend the privileges they have accumulated for themselves – invariably at our expense.
– Without statutes we have greater freedoms. The ruling class do not like ordinary people having too many freedoms, it makes them nervous as it has the potential to rock their boat, thus there is always the tendency to inflict more regulations than is necessary – in order to keep control