Hierarchy of Laws Exercise 2

In the first Exercise we saw law sorted into different levels, with “Higher Law” taking precedence over lesser laws. We looked at the Australian Constitution to see certain things with priority higher than the Constitution and others under the Constitution.

Exercise 2 takes a closer look at those things Higher than the Australian Constitution. We look at Royal Prerogative.

Royal Prerogative

Courts of justice in England were originally administered by the King or Queen and were Royal Courts. This is normal, where those in power exercise the law. Hammurabi, Caesar, Pharaoh, Rome’s Emperors, tribal chiefs and others like them were the final authority for justice and law in their cultures.

English Monarchs gain authority at Coronation, when they swear certain allegiances giving them right to wear the Crown. Thus the “Crown” speaks of the authority of the Kings and Queens of England, down through history.

Monarchs did not hear all cases, but authorised their officials to judge under royal authority. That royal authority is referred to as Royal Prerogative.

If a court was not convened under the monarch’s authority then the court was not a valid court and its decisions were not valid.

Halsbury’s Definition

Halsbury’s Laws of England defines Royal Prerogative as follows:

“The Crown as the Source of all Jurisdiction. Sovereign as the source of all justice. By virtue of the prerogative the Sovereign is the source and fountain of justice and all jurisdiction derives from her. Hence in legal contemplation, the Sovereign’s Majesty is deemed always to be present in court, and by the terms of the coronation oath, and by the maxims of the common law as also by the ancient charters and statutes confirming the liberties of the subject, the Sovereign is bound to cause law and justice in mercy to be administered in all judgments.”

Halsbury’s Laws of England (3rd Ed) Volume 8 Constitutional law, The Royal Prerogative

Under the Crown

The Australian Constitution is “under the Crown of the United Kingdom of Great Britain and Ireland”, so this key aspect of the Crown, Royal Prerogative, gives us further insight into the Higher Laws operating in Australia.

The Australian Constitution and the Commonwealth of Australia exist “under the Crown”. Yet the definition of Royal Prerogative indicates that the King or Queen of England is subject to several things. Those things are even “higher” than the Crown and thus higher than the Australian Constitution.

Exercise 2

Review the definition of Royal Prerogative and see what things are OVER the Crown. They are the things which the Crown brings with it into every Court in Australia.

“The Crown as the Source of all Jurisdiction. Sovereign as the source of all justice. By virtue of the prerogative the Sovereign is the source and fountain of justice and all jurisdiction derives from her. Hence in legal contemplation, the Sovereign’s Majesty is deemed always to be present in court, and by the terms of the coronation oath, and by the maxims of the common law as also by the ancient charters and statutes confirming the liberties of the subject, the Sovereign is bound to cause law and justice in mercy to be administered in all judgments.”

There are Three Things which the Crown brings into each Court, because the Crown is actually “under” those three things. What are they?

No Crown No Justice

There is a notion in the minds of some Aussies that the English monarch is a relic of the past. Those people don’t realise that the Crown plays the most powerful role in Australia, being over the Constitution and the Commonwealth and bringing justice to all our courts.

If we scrap the monarch, as some people want, and have a “republic” as has been pushed for, then much more changes than the face on our postage stamps.

If we remove the Crown then none of our courts will have jurisdiction and there will be no justice. The only way to have jurisdiction and justice in Australian courts at present is for the Crown to preside over each court.

But the Crown brings with it those things which the Crown is subject to.

So how did you go identifying those things?

Over the Crown

Here are three things that the definition of Royal Prerogative shows us are “over” the Crown.

1. Coronation Oath. No king or queen can take the Crown unless they make the Coronation Oath. In that oath the prince or princess must first swear allegiance to Almighty God, Jesus Christ, the Christian faith and the Holy Bible. Coronation is a religious ceremony, administered by the Archbishop.

No English King or Queen can rule unless they submit to God and promise to rule the people according to the Christian faith and the Holy Bible.

So the Coronation Oath and all it stands for are higher than the Crown and that oath puts God, Christ, Christianity and the Bible “higher” than the Crown.

2. Maxims of Common Law. Kings and Queens of England are not above the law. They are bound to obey the law just as much as the humblest urchin. They are under the Common Law. Common law governs the whole land. It came from the Bible, as we will see more clearly in a later look at the Hierarchy of Laws.

3. The ancient charters and statutes confirming the liberties of the subject. Each new King or Queen is bound by the promises made by their predecessors. Those ancient promises, such as Magna Carta, Bill of Rights and Habeas Corpus, were created to confirm and guarantee the freedoms (liberties) of the common people. So each new king and queen is bound not to become a despotic exploiter of the people. These ancient charters and statutes are also referred to as Imperial Acts.

Hierarchy at the Top End

In Exercise 1 we saw that the Australian Constitution is under Almighty God and the Crown. So now we can get a better picture of those things that are Higher Law than our Constitution, by including what we learn from Royal Prerogative.

We see that the Crown is below Almighty God, because the Coronation Oath requires the Crown to swear allegiance to God, Jesus Christ, the Christian faith and the Holy Bible.

Common Law and the Imperial Acts are under Almighty God, Christ, Christianity and the Bible, but still above the Crown.

Our Law Resource

Consider the awesome riches of the Higher Law governing Australia.

Almighty God brings eternal power, truth and blessing. Jesus Christ brings salvation. Christianity brings grace. The Holy Bible brings a solid foundation. Common Law brings stability. Imperial Acts bring guarantees of our freedoms, justice and rights. And the Crown brings authority and establishes all of this over the Commonwealth of Australia.

Every expression of the Commonwealth, at the Federal level and in each state and territory, must uphold that Higher Law. If it doesn’t it is violating the Higher Laws of Australia. It is Treason, because it attacks the Crown, denying its authority.

Every person in the Commonwealth is bound to ensure that the Highest Laws of our land are upheld.

So discover our Hierarchy of Laws and take your part in ensuring that we benefit from them all.

Limits on Australia

All those things which are Higher Law than the Constitution put limits on the Constitution. The Constitution, Parliaments, States, Courts, People, Corporations, Police, Military, and other elements of Australia cannot violate Almighty God, common law or the Imperial Acts.

If a Parliament tried to make it legal to hate God, to break the law or to take away our “liberties” guaranteed by the Imperial Acts, then the Parliament would be committing Treason.

What wonderful safeguard we have in Australia! Our problem is that those in power ARE committing Treason. They are denying our liberties as promised by English monarchs over almost a millennium. They are creating lesser laws to destroy the Higher Laws. And that has to stop!

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