The Common Law
Common law – that which derives its force and authority from the universal consent and immemorial practice of the community. – Oxford English Dictionary.
- Common law is something defined as common sense. A law of one’s good conscience. A law reflecting the standards of the community. It is also perceived as the embodiment of natural law, or universal law of truth. Under common law a person is free to do most anything, provided it does not infringe on the life, property or liberty of someone else.
- The common law does not allow for any government to prosecute or fine individuals for victimless crimes. Statute laws have arisen for this purpose, but their power is limited by common sense. The Australian Constitution and the resolve of those who would stand up for their natural rights.
- The common law is the set of rules of the community that have been agreed upon as law. Common law exists as the foundation stone. You are honourable because you uphold truth, liberty and justice. You seek happiness for all people that live in your community. You have a conscience, and you have an understanding of good and evil. And you choose to do good and not evil.
- That is why you can be empaneled on a jury. It is understood that you have a conscience. That you have the power of discernment. That you are able to judge when a law is good or bad. You have a lot of power because you have a conscience and you are connected to God through it. We are the conscience of Parliament. – Malcolm McClure.
- Judges cannot make or develop common law. It is made common law by the common people through trial by jury and at referendum. It is the prerogative (privilage, right) of the common people. – Bushell Case 1670, William Penn & Trial by Jury. The Most Famous Trial in English History.
- Statute law is derived from the common law of the people. All statute law is subordinate to common law and cannot veto it.
- The statute does not own the common law. It only codifies it. The statute is not the author of the common law.
- There is two ways laws are created: by Parliament and by the people through common law initiatives, petitions to Parliament, challenges in court, and referendum.
- Only the people can take away the common law right because the common law right is not owned by the Parliament, but by the people. The common law is therefore, self-evident. (Coco vs The Queen, 1994. Butterworth’s Legal Dictionary, p 221)
Authored by: Malcolm McClure, founder of UPMART.
Hope you enjoy this information. It’s only a snippet of what you receive in an Upmart Common Law Course. (UCLC)