Can the State do anything it likes?

This is a particularly important article by LW on https://www.CommonLawConstitution.org to read - as it makes it absolutely clear as to precisely why a state cannot be allowed to limit or restrict Trial by Jury (Judicium Parium) or attempt to ‘shape’ how the Trial by Jury procedures are to be executed in any way whatsoever.

Four of the main ways in which Trial by Jury has been unlawfully diluted are the claims by the state…

1. that the jury must follow the directions of the judge,
2. that the jury must judge only the facts
3. that the state has the right to decide which cases can come before a jury (i.e. denying the right to a jury for many people).
4. that Parliament is sovereign - and can therefore write whatever legislation it wishes

This article patiently and carefully takes the reader through the necessary logical steps by using examples of imagined and real legislation: some very authoritarian, some more ‘reasonable’ sounding, and examining how each would ‘fair’ against different standards of trial.

If we know that the Trial by Jury is the bulwark, the cornerstone, the foundation of our criminal justice system, a ‘little parliament’, ‘the lamp which shows that freedom lives’, a protection against unjust legislation — how can it be lawful for the state to legislate to remove or restrict it?

I do urge people to read this. If it hasn’t already for you, by the end of this article, the penny really begins to drop as to why this constitutional mechanism of Trial by Jury is meant to be the absolute central pillar of the Constitution and must be fought for every single day in order for our society to gain greater liberty and harmony. By the end of it, you will realise exactly why it is that calling for Trial by Jury’s limitation in any way is unconstitutional and unlawful and would be seriously questionable behaviour of any public servant.

The article is not long but is followed by the most vitally important list of powerful quotations that support the arguments covered. For anyone wishing to become an effective force in defence of justice and morality, this is your ammunition.

WJK

Read here:

https://www.commonlawconstitution.org/resources/can-the-state-do-anything-it-likes?c=essays-and-articles