Illegal Laws

In an earlier lesson, Logophile on Law, I explained that there are various types and levels of law which impact us. Not all laws are equal, even though we call them all “laws”, and so it is important to understand the various types of laws and which ones apply to us.

This lesson jumps into the subject of Illegal Laws, showing that just because something is called a “law” and someone asserts, “It’s the Law!” does not mean we are bound to obey it. In fact it may be most appropriate for us to challenge that law, as an Illegal Law.

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Oxymoron

It seems to be a contradiction in terms to say that a law is illegal. Such a contradictory thing is an oxymoron, where the description is too outrageous or inappropriate to be real.

The way a law can be illegal is if it contradicts the higher laws upon which it stands. Since laws are hierarchical, depending on a higher law to give them their authority, it is illegal, yet possible for a lesser law to be created which violates the higher law which it relies on for its authority. In such a case the lower law is invalidated by its own violation of the higher law on which it stands.

A secretary is not officially allowed to boss their boss. A General is not authorised to use the soldiers under his command to attack the Military Commander. A policeman cannot assume the office of President. Similarly, rules made by a sub-committee cannot overturn the rules of the club which the committee serves. Each is subject to the higher rule.

Hierarchy of Law

I contend that the highest law is Divine Law, the laws of God. Since God created us we are all accountable to Him and will be evaluated against His moral order.

In the Australian context, similar to many nations, the human legal basis on which the nation stands is that of Common Law and the Imperial Acts (Laws made by the ruling English monarchs over many centuries). Those laws reflect the application of Biblical Law (the Laws of God as given to us in the Bible).

When Australia was created as a nation, just over a century ago, a Constitution was created to define the new nation and how its government and law is to operate. The Australian Constitution was built upon the foundation of Common Law and the Imperial Acts.

All statutes (what the Government calls “laws”) created by people in authority in Australia are only possible because of the Constitution, and its foundation in Common Law and Imperial Acts. Those government ‘statutes’ are simply the local rules for functioning within Australia. They are much lower in authority than God’s laws and the principles of Common Law and the Imperial Acts.

Statutes

We call statutes “laws”, even though they are significantly inferior to God’s moral law, Common Law (which covers murder, injury, theft and deception) and Imperial Acts, which define the legal principles by which people are to be governed.

Statutes are not ‘laws’, strictly speaking, but are treated as if they are laws by those in the society to which they apply. They are “given the force of law”, even though they are not of the same order of laws as moral law (God’s Law, Common Law and Imperial Acts).

The only reason government agents, parliaments and others in a country can create “statutes” is because they are given some right to do so by the Constitution. And the only reason the Constitution holds any authority is because it is based on Common Law and the Imperial Acts.

Contradictory Laws

If a State or Federal statute (called a ‘law’) is contrary to the Constitution, Common Law or the Imperial Acts, then the statute is invalid. No statute can contradict the authority on which it relies.

Consider a person becoming the Prime Minister of Australia, by normal Constitutional processes, then declaring himself to be the King of Australia. He could argue that, as Prime Minister, he has the authority to elevate himself, but the Constitution does not give him that privilege. He can be Prime Minister, but not take additional, non-legal authority.

As soon as such a leader acts unlawfully he disqualifies himself from holding the authority lawfully entrusted to him. You cannot violate the law on which you stand without violating your right to stand.

Restrictive Laws

A statute from a Government, State or official department within a country can only restrict freedoms. No government has the right to give you freedom to break the law. Governments cannot lawfully make murder, rape, theft or deception legal. They are not able to lawfully declare an illegal action to be legal. So statutes never increase a person’s freedoms. They can only take some right or freedom away – supposedly “for the greater good”.

Our real laws come from God and have been distilled into the Common Law and sealed by Imperial Acts. That is where are true legal position is found (at least in former British Commonwealth nations). Statute laws cannot overturn those primary laws. All statutes can do is further restrict human freedom by regulating what people can do and how and when they can do it within the national setting to which they apply.

Illegal Government Actions

Governments and their officials may find themselves frustrated by the limitations they are under, and choose to go outside the law or their lawful authority (ultra virez) in order to have their way. If they want more money, for example, they may impose taxes or fees which are outside their legal authority to impose.

If getting the citizens to fit in with the government’s agenda proves too difficult for the government it may be tempted to pass a “statute” which demands that people do what they want.

In such situations it is possible for governments to act outside their legal rights and responsibilities. Governments may pass statute laws or make demands of their citizens which contradict the freedoms given to those citizens in Common Law, Imperial Acts or in their Constitution.

Governments have had to repeal (revoke) laws they created but which proved to be illegal. Governments have had to pay compensation to various citizens or entities which were wrongfully treated by the rules, decisions, statutes and actions of the government. This is not a mythical phenomenon, but a reality of human fallibility, ignorance or opportunism.

USA Tax Laws

There is much discussion about the fact that the tax laws in the USA are outside the law. It is claimed that it has been proven in court that there is no law upholding the American taxation regime. Yet the tax office operates with vigour and successfully pursues and penalises American citizens.

Some would argue that the USA Tax Laws are illegal laws, denying American citizens their rights and freedoms. I can’t speak to that subject, but there is an abundance of discussion available for those to whom it may relate.

Illegal On-the-Spot Fines

One of the privileges which Australian citizens enjoy is protection through the historical Imperial Acts of English monarchs. One of those Imperial decrees gives every citizen the right to a trial by a jury of 12 of their peers before they can be determined to be “guilty” and before any penalty can be imposed on them.

Every “on-the-spot fine” and every charge made on a citizen before there has been a legal conviction before a jury in a duly convened court of law is contrary to the legal rights of Australian citizens. Yet most Australians pay those fines, or go to court to fight and only end up with a greater penalty than they started with.

Ignorance is Not Bliss

Ignorance of the law means many people are denied their rightful rights (silly to have to say it like that). Because most citizens are ignorant and are happy to stay that way, they have been duped by populist ideas.

They believe that the more modern laws have superseded the old ones and that society is evolving all the time. They think that something from 100 years ago is really ancient and has lost its significance. They think that the ruling of a magistrate or the interpretation given by a current legal adviser is the final word in legal reality for them. They think that a new law completely eradicates the previous legal reality.

Ignorant citizens do not know what their true position is. They do not know what protections they have. They do not know their rights. They think their legal standing and their rights are gifts from their government, and not from God.

Get Your Own Education

This lesson is a wake-up call. But if you are determined to stay asleep and to live under the control of laws that may not be laws and “laws” that are “illegal”, then I can only wish you well.

It is not my place to live your life for you. It is not my place to save you from your own wilful ignorance. You have a free will given you by God and you have to answer to Him, not to me, for how you use it.

My job is to rattle your cage and shout “Wake Up!”

Now, I’ve finished for the time being.

I think I’ll have a nice cup of tea and leave you to your own future. Happy legalities !!!!

Logophile on Law

Law is a word that fools us. Since law has serious impact on our lives we need to understand the term and how to use it properly. Importantly, we need to be aware of how it is used against us.

Some people come under the penalty of law, when the “law” used against them was not a “law” at all. You are most likely fooled by the use of “law”. So it is important that you understand the word, how it is used and what implications it has in your life.

Law is a Vague Term

Some words are used in multiple applications, with different meanings. A young woman tells her infant brother that she wishes to marry a man because she ‘loves’ him. The infant then replies that he is going to marry chocolate, because he ‘loves’ chocolate.

Love is used so broadly that its technical meaning varies in different situations. You can love sport while sport is not the love of your life. You can love your spouse, but also love getting away on your own.

The ancient Greeks used several different words for our English word ‘love’, differentiating between: attraction to the appearance of a thing; humanitarian or family concern; sexual attraction; and sacrificial commitment for the good of others.

Law is similarly a vague term. It refers to such unchangeable things as the laws of nature, but also to such changeable things as the rules of a club.

It’s the Law

When someone informs you that something “is the Law!” you can be misled as to their meaning. What type of ‘law’ is it? Who made that law? By what is it enforced? What are the consequences of breaking that law? Who is bound by that law?

Many things are the ‘law’ and have profound consequences for some people, yet can be completely ignored by others. Just because something is “the law” doesn’t mean most of us have to give any credence whatsoever. The trick is to know what is ‘law’ and what is ‘law’. That is, we need to differentiate between one law and another.

Others May but I May Not

A police officer is bound by more laws than the average citizen. Anyone who has sworn an oath of office, taking on special responsibility, is under stricter controls than normal citizens. For example, ordinary citizens are not bound by law to give their name to a police officer, but a police officer must give his name to any citizen who asks for it.

Lawyers and Barristers have sworn special allegiance to the courts, in order to be allowed to deal with the special legal matters of the court. So an ordinary citizen has much greater freedom in a court of law than their legal team does.

It is a case of “others may, but I may not”. Others may ignore the instructions or demands of a judge, but a barrister does not have that privilege. Others may ignore the demands of a police officer (under certain circumstances) but a police officer may not ignore the demands made of him or her.

Categories of Laws

Here are some of the various types of law that impact you in your normal life. There is Divine Law, Natural Law, Common Law, Imperial Law, Constitutional Law, Statute Law, Local By-Laws, Club Rules and House Rules. There are also such laws as the Laws of Nature, Maritime Law, Contract Law and International Law.

Divine Law involves mankind’s moral accountability to the Creator, who is the ultimate moral being and who holds all people accountable against His own moral standards. Such laws as the Ten Commandments and the teachings of Jesus Christ convey man’s moral responsibility to God’s Law.

Natural Law involves the natural rights and responsibilities which attend natural existence. Such things as the right to self-defence and the right to maintain and sustain life are included here.

Human Legality

While Divine and Natural Law seem to be the most basic foundation for law, they are not man-made, but spring from either the nature of our existence or the One who created us. So the next areas of ancient law (Common Law and Imperial Law) represent the early expressions of human law which have passed to many nations.

Common Law is the body of laws which developed in England over centuries, where God’s Law, especially as expressed in the Book of Deuteronomy, was applied to situations and codified into a body of rights and responsibilities. Common Law is principally focussed on limiting people’s impact on others (no murder, injury or theft) and making people accountable for their own actions (bound by their promises).

Imperial Law involves all the laws of English monarchs, which further codified Biblical, Natural and Common Law into principles by which due legal process is to be applied. Such documents as the Magna Carta from over 700 years ago are still upheld as foundations for legal practice and principle followed today. Most English speaking and former British Empire nations have ratified their continued reliance on Imperial Law. Imperial Laws have not decayed with time, but are enduring elements of what is law and lawful today.

Modern Law

While all those laws mentioned so far are perfectly modern in their validity, most unlearned citizens think of them as somehow outmoded and not relevant today. Modern people think of their nation’s constitution and the government-enacted laws (statutes) as modern law.

Constitutional Law involves that body of law which is created to define a nation and how it will operate, politically and legally. Many nations have a constitution: that which constitutes (brings together) the nation itself. All of the parts are the constituents. All legal and political practice within the nation has to be based on the law that “constitutes” (or creates) the nation.

Statute Law involves all those “laws” which are created by governments. Once a nation has been constituted (via its Constitution) its elected or appointed officials may need to create the Rules for the effective operation of the nation. Those “laws” are actually “statutes”. They are rules which are given the force of law, and are generally treated as equal to those higher laws upon which the government has been founded. Statutes are binding upon the members of the club or society which created them.

Local Law involves those rules which are created by local councils, regional administrations, clubs (for their members), social organisations, etc. For example: a student at one school is told that he must wear a particular uniform on certain days. But that localised rule, while effectively the “law” for some students, has absolutely no hold over students attending a different school. One local council may prohibit the lighting of fires in people’s yards, while the neighbouring city might encourage such fires. Local laws only apply to those who are bound by them, by membership of some group or other.

Question The Law

Which laws apply to you? If other people create a rule for them and their club, does that have any hold over you? Is the law being applied to you a Divine moral responsibility, or is it simply a statute made up to facilitate social order?

Is the law that is being pressed upon you really a law at all? If a local or statute law is against the higher laws on which they stand, then can it be a lawful law at all?

Can a government morally uphold a law that rejects or breaks God’s Law? Can a local or state government legally create a law that violates that nation’s Constitution?

When someone tells you “It’s the Law”, what do they really mean? It may be “law” for them, but is it law for you? If two laws contradict each other, which law should you obey?

A Lawful Mind

The information and questions in this lesson are to prompt you to know where you stand before the law and how you should respond to the laws you are told to obey. I want you to have a deeper and richer understanding of the law than many of those around you who say, “It’s the Law!”

Give these matters some serious thought and seek to develop a wise and lawful mind.