The End of 797 Years of Legal Precedent
There’s a common assumption that just because something is old, it must be past its use-by date…that we need something new to replace it.
You see that with graceful and wonderfully designed-and-constructed old buildings.
You see that with books and ideas.
And you see it with laws — ‘Why, that law is so old, it’s not relevant to the modern world, here’s a new law…’
I have to say, it’s good to see that a network of ‘eyes-and-ears’ is spontaneously developing among Pursuit of Happiness readers. By that I mean the number of emails I get tipping me off to the threats and infringements by the government on your liberty.
If you have any tip-offs or news stories you’ve spotted, please send a link or the document to letters@pursuitofhappiness.com.au. I’ll keep all correspondence confidential.
A great example of a tip-off is a press release I received yesterday from a Pursuit of Happiness reader…
Why Do You Need All Those Laws?
It’s a classic example of jumped up politicians chopping and changing a perfectly good law just so they can satisfy their own agenda.
I’ve said for years that there’s no need for so many laws. You just need a basic, simplified written constitution that spells out the limits on government and the protection of personal and property rights…and that’s it. That’s all you need.
You don’t need a bunch of goons living semi-permanently in some godforsaken hell-hole between Sydney and Melbourne…thinking up new laws and changes to existing laws 24/7. What’s wrong with these people?
Well, the latest change is another example of the creeping destruction of one of the basic principles of the law: that the burden of proof is on the accuser, not the accused.
In other words, you are innocent of a crime until or unless the State is able to prove your guilt beyond all reasonable doubt.
Of course, governments have chipped away at this basic right for years. Random breath testing is one example…if a police officer stops you, you have to prove you aren’t over the legal alcohol limit by blowing into a machine.
If you refuse to cooperate they convict you anyway.
I’ve long said that it’s a disgrace that constitutional lawyers and the judiciary refuse to stand up to this trampling of rights.
But maybe they know politicians don’t care. They know politicians are intent on overturning 797 years of legal precedent. I’m talking about the right to due process laid down in Magna Carta.
That’s right, Magna Carta…that dusty old document. What would 13th century scholars know about the world today? Probably what they knew at the time: that the State habitually attempts to exert its power at the expense of the people.
That’s how it was in 13th century England…and that’s how it is in 21st century Australia, England, the US, and anywhere else with a centralised form of government.
Here’s what Magna Carta of 1215 says:
‘No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the laws of the land.’
Of course, when there’s no limit on the theoretical powers of the State, there’s no limit to the laws the State can create.
That’s why the Federal Attorney-General’s Department (AG) is winding back due process and the principle of burden of proof even further. As this press release from the AG notes:
‘Unexplained wealth laws reverse the onus of proof so criminals have to prove their wealth was obtained legally. It makes it easier to confiscate their assets and is one of the most effective ways to bring down organised criminals.’
I’m telling you, this is just one step in many towards the endgame…that’s where the government taxes your salary 100% at the source and then pays you a ‘working pension’ after the government deducts it pound of flesh (taxes).
Look Out for Australia’s Elliot Ness
And get this, it’s a quote from ‘The Hon. Jason Clare MP’, minister for home affairs, minister for justice, and minister for defence materiel (Three jobs…impressive!):
‘“These laws will help us catch criminals. Just like Al Capone – you can catch criminals by following the money,” Mr Clare said.’
Who do these politicians think they are? Do they think they’re Elliot Ness? Does the minister for justice wear a rain coat and trilby hat?
What a hero…catch those Aussie ‘Al Capones’ for us.
It’s the typical tactic of the State. Create an enemy who is no more likely to harm you or me than a mouse, and use the enemy as a reason to infringe liberty and freedom.
Go ahead. Say the government should combat organised crime. But if you think this is about organised crime, you’re living in a dream world. This is about nothing more than the State’s attempts to gain more power, more control and to strike more fear into you.
As I said, the framers of Magna Carta knew government tyranny first hand. That’s why they enshrined the due process of the right to a fair trial and denied the right for the State to strip a free man of his ‘rights or possessions’.
I don’t expect you to cry for criminals. But like all laws that protect freedom, it won’t be long before the State reverses ‘the onus of proof’ further.
Cheers,
Kris
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Another infringement of government liberty comes mainly from the greens. Here in Queensland you can’t cut down trees without permission, which you can’t get except to build your house with a small cleared area around it – look at the Victorian fires where the only house standing in one area was where the owner cleared a reasonable area around his house and was fined about $100,000. Or you can’t use a bore to water produce you later sell without a permit and paying fees. Or how about the protected vermin like flying foxes, crocodiles, sharks, snakes and so on which need armies of government rangers to catch and move from place to place, all in the name of protecting us. Even chasing a flying fox away could get you huge fines, even if they are eating fruit from your fruit trees or dropping excrement and chirping outside your window. Or how about a crocodile in your swimming pool.
All this business of protecting wetlands because of so called biodiversity is rubbish. Look at England, Holland and other European countries where these wetlands (coastal areas) have been turned into beautiful habitable areas. I can’t see any ill effects from lack of biodiversity.
Environmentalism is just another radical religion pandered to by politicians, used to get votes and control productive people.
Cheers
The “5 arces now” website is a site set up by a couple hundred people living in Baulkham Hilln North Ward on 25 acre properties.
We have had the most frustrating couple of years trying to get local & state government people to allow us to subdivide into 5 acre lots.
The misdirection & deceit on the part of government has been unbelievable. It would appear that ownership of the various properties does not give the owners the rights one would expect. In fact the government gnomes would have you believe that everyone else has more rights to dictate to us what we can & cant do with & on our land that we the owners. Forget any compensation for any loss of amenity.
An now finally an new LEP has been approved – BUT instead of subdivision – we have been given Cluster development – ie the type of suddivision that no one will do.
We only want 5 acre lots – ( not the 280 sq mtr blocks in normal subdivision).
It would appear that the major developers dont want the land sundivided as it will make it more expensive for them to acquire when they become interested in the area.
Both sides of our government are not for the people, but for their “financial supporters”.
Sadly, the man in the street is for slavery or cannon fodder.
http://www.5acresnow.com.au/index.htm.
Your readers comments regarding the ability of governments to dictate and enforce all sorts of “laws”, or acts as they call them, carry the same frustrations that exist in any person who does not know with whom they are dealing with. The Magna Carta is alive and well and dwelling in the hearts and minds of those who “know who they are”. These folk use this knowledge to deal successfully with our foreign courts and governments every day. The key to success is to know who our politicians and judges are loyal to, because the minute they know that you know everything changes to our benefit.Multiple successes prove this every week around the country.Knowledge is always the key!
Happy hunting.