VIP “Golden Rule” vital to understand
For present purposes, let us just assume that if it is written down into a Constitution or for example in the Declaration of Independence, it ceases to be implied.
By its inclusion in the constitutional document, the Inalienable Natural Rights become “express” and “complete” and “defined”.
As it is “express” rather than “implied” it is considered “exhaustive”, and excludes all other things.
Because it has manifested in the document in writing, it is no longer “implied”.
That being the case it ceases to be considered part of a doctrine of the jurisprudence.
Because it is no longer implied jurisprudence (because it is expressly written and contained within the constitutional document) it is drafted by the “state” it is said to be a “creation of the state” or “bestowed upon the people by the state”.
This too goes against the essence of Natural Law Jurisprudence.
Natural Law Jurisprudence is said to be bestowed by virtue of our humanity, our birthright.
Our Inalienable Natural Rights are our “inheritance” from our jurisprudence.
This is breaking a “golden rule” of Constitutional Drafting that is very specific to Natural Law Theory.
If it is “express” it can not be “implied”.
Yet, Natural Law Theory dictates that it can only ever be implied because Natural Law Theory it is a “living” theory.
Natural Law Theory dictates that as a consequence of our humanity, as humans capable of reason we shall discover new Inalienable Natural Rights as our understanding and evolution of knowledge grows.
It dictates that in the future we will “discover” new Inalienable Natural Rights of which we are currently unaware.
For example, let us say that tomorrow we all become aware that the use of 5G cell towers harmed our bodies.
We have an Inalienable Natural Right to be protected, and to protect ourselves from anything and everyone who would cause us harm.
Our Inalienable Natural Rights, if implied into our Constitution would dictate that we had Constitutional protection from such harm.
Where the people under such a Constitution were “sovereign”, the people could compel their subservient representatives in government to take action to prevent the harm.
This would be in the first instance by forbidding the use of the 5G cell towers, or taking action to ensure that they caused no harm.
The Constitution acts like a “shield” and is protective of the people.
That is why the obligation to Uphold the Constitution rests with every person in the jurisdiction, particularly those exercising any public office within Australia.
Our number one Law of Australia is our Australian Constitution.
It is our shield.
If our Inalienable Natural Rights, or our express Rights under our Australian Constitution are not upheld. Our civil or criminal laws are triggered.
The civil and criminal law become the sword.
USA: “Great Experiment” ?
Our Australian Founding Fathers devoted their life’s work to ensuring every Australian Individual of the future would enjoy the freedoms and liberties that had been secured by self government.
It is a little known fact, that our Founding Fathers achieved their goal.
On 11 March 1891, our Founding Father Mr. Gillies during the Constitution Debates observed:
“ There have been no peoples in these colonies who have not enjoyed the most perfect freedom to express their opinions in public, and through their representatives in parliament, on any public question of importance.
There has never been any occasion when such an opportunity has not been given to every man in this country, and so free and liberal are our laws and public institutions that it has never been suggested by any mortal upon this continent that that right should be in any way restricted.
On the contrary, we all feel proud of the freedom which every one in this country enjoys. It is a freedom not surpassed in any state in the world, not even in the boasted republic of America.”
It is a fact that America and Australians both inherited identical Inalienable Natural Rights from the Natural Law Jurisprudence.
America “lost” them at the Declaration of Independence when it severed from its legal foundations and became a Republic on 4th July 1776.
It severed its links with all historical roots, including the implied Natural Law Theory which formed the very foundations of life in the American Colonies.
At that time in history the term “Republic” referred to any states of any form of government, provided it was not a tyrannical regime.
The Americans had been under the rule of Tyranny under the Monarch King George III.
However, at that time Monarchies and Oligarchies (meaning a small group of people with control over a Country ) could also operate within a Republic as it was a sovereign power which was concerned with “common concerns”. For example, the so called Holy Roman Church was a “Republic”, as was the Byzantine Empire which continued to call itself the Roman Empire.
The meaning of "Republic" was a wider term during that period than the term “Monarchy”.
In short a “Republic” in 1776 was a blank sheet of paper. It still is today.
It had no stipulation that the people were necessarily sovereign, or even which people within a Republic would be sovereign.
It was an unknown, with no roots or ties to history or precedent.
That is why it was called “The Great Experiment”.
