Tuesday, January 8, 2013

DEMOCRACY DEFINED BY KENN D'OUDNEY


Reply to Jim from Astra d'Oudney, DEMOCRACY DEFINED.
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Campaign@democracydefined.org 
10:20 AM (22 hours ago)
to JimJohnROGERDonname
http://www.democracydefined.org/
The Home Page of The Democracy Defined Campaign
for RESTORATION and UNIVERSAL ADOPTION of
CONSTITUTIONAL COMMON LAW TRIAL BY JURY.
VERITAS, COGNITIO, IUSTITIA, LIBERTAS.
 
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 Kenn d’Oudney, Mrs. Joanna d’Oudney & Astra d’Oudney. CEO/Directors.
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The Democracy Defined Campaign Philosophy is endorsed by academics, attorneys,
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~
Dear Jim,
 
Quoted below, that "comment" by the writers of 'The Book of Hundreds' reveals absolutely their unforgivable desertion of the universally-applicable secular principles of moral justice embodied in natural law, from which derive: legem terræ, the Law of the Land, the people's common law in the Constitution, and the Trial by Jury Justice System. 
 
Common Law and Trial by Jury far predate the Christian Era. Common Law is timeless, secular and universally applicable.
 
Crabbe: "It cannot be denied that the practice of submitting causes to the decision of twelve men was universal among all the northern tribes (of Europe) from the very remotest antiquity."Crabbe’s History of the English Law, p. 32.
 
The Hellenic Athenian Constitution of government by Trial by Jury was a conspicuous achievement in human history for constitutionally establishing this unique mode of justice. The aristocrat Cleisthenes it is who must be credited with the creation of mankind’s first democracy in 508/7 B.C.E. (although ‘infant’ in form, as it did not yet give equality to women and permitted slavery). He brought acknowledgement to the need to spread empowerment throughout society to promote equal justice, liberty, peace and prosperity, and devolved power all the way down to the poorest (male) citizens, the thetes, by recognising rights, exousia.
Exousia rights included the right to attend, debate and vote in the national assembly on laws and measures (referenda); the right of the accused to a Trial by Jury; and, crucially, the empowerment of citizens by bestowing on them judicial authority as Jurors in Trial by Jury in which laws and measures passed by legislatorial majorities in the assembly could be judged, overruled and annulled * whenever this was deemed by the Jurors necessary to serve justice, liberty, and the interests of the people.
*See Works, Vol. 2, by co-author of the U.S. Constitution, Justice James Wilson.
The Jury Comprises the Supreme Legislature and Judicature.
THIS CASE RULING EXEMPLIFIES DEMOCRACY AT WORK:
"If the jury feels the law is unjust, we recognise the undisputed power of the jury to acquit even if its verdict is contrary to the law as given by the judge, and contrary to the evidence."
"If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision."United States v. Moylan; U.S. Fourth Circuit Court of Appeals, 1969, 417 F. 2d 1002.
Neither in the United States, Britain, Australia, Canada, New Zealand, nor in all of Continental Europe and elsewhere, have legislatures ever been invested by the People with authority to impair the powers, to change the oaths, or abridge the jurisdiction of jurors to govern government; nor to remove the universal Right of the accused to the Trial by Jury of peers for any charge or offence whatever, however serious or trivial.
Today, U.S. v Moylan is not exemplified by the modus operandi of courts. Democracy has been overturned by miscreant politicians and judiciary, and the genuine Trial by Jury is no more: hence, the Campaign for RESTORATION.
[Quotation from 'Hundreds'; red highlights misinformation:]
COURT: Do you want me to set the matter for a jury trial or a court trial?
DANIEL: Court trial - -
Apocryphal "Comment" by the anonymous writer/s: "At this point, due to the court “having” jurisdiction because of his previous defenses and giving acknowledgment to ‘rights’, it was best for him to request a Court trial -- not a jury trial -- (1) since juries cannot consider the Law in their verdicts, (2) whereas the judge can."
[End quote.]
(1) Apart from other Duties, Powers, Rights and Procedures, under the Constitution and in the Common Law Trial by Jury Justice System, it is a prime function and irrevocable Duty for the Jurors to make judgement on the justice, validity, interpretation, and effects of the 'law', and decide on its very legitimacy. Jurors have the Duty to annul enforcement of prosecutions if conviction or punishment would be unfair to the accused.
Ref. United States v. Moylan quoted above.
Naturally, people have the moral responsibility, the right and the duty to resist and suppress injustice wherever it occurs, and by whomsoever it is perpetrated, governments notwithstanding. By definition and in practice, Democracy and Justice require that the Peopleat all times retain the Supreme Power to annul injustices and the bad laws made by fallible politicians.
This Power backed by the full apparatus of police, prison service and Armed Services, is uniquely embodied in the Citizen-Juror’s Duty in Trial by Jury: to judge the justice of every act of law enforcement, and to render the Not Guilty Verdict whenever conviction or punishment of the accused would be unfair, according to the juror’s conscience.
Consider Harlan F. Stone, U.S. Chief Justice 1941-1946, on the Juror’s Duty in the authentic Trial by Jury, as follows:
"If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant’s natural God-given unalienable or Constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law."
"That juror must vote Not Guilty regardless of the pressures or abuses that may be heaped on him by any or all members of the jury with whom he may in good conscience disagree. He is voting on the justice of the law according to his own conscience and convictions and not someone else’s. The law itself is on trial quite as much as the case which is to be decided."U.S. Chief Justice Harlan F. Stone; Harvard Law Review.(Emphases added.)
(2) Once a statute has been enacted and interpreted by the court for its enforcement, the judges in subsequent routine enforcement may NOT 'consider', cf., dispute, the legality of the law.  
That "comment" in 'Hundreds' reveals the writers' ignorance (or mendacity) aboutthe Juror's Sovereign Authority to decide the law and the admissibility of the evidence, to judge all issues related to the case, to dispense justice and retribution and make redress. This 'Book' comprises a damaging work of statist disinformation.
 
Considering that, properly-speaking, writings are based on, and, with attribution, refer to listed bibliographical works, then 'Hundreds' potentially exposes numerous other faulty tomes to avoid. It is the work of men and women who do NOT know the workings and mechanisms of the Constitutional Common Law Trial by Jury, or who doknow them but do not want anyone else to know them.
 
Trial by Jury is a strictly secular process. Legem terræ common law is applicable to all men and women in all times and places. It embodies the universally accepted supreme secular morality which treats of and attempts to deter Crime (unalterably defined by common law as an act of injustice committed with malice aforethought).
There is no place for sectarianism in the People's Common Law Courts of Equal Justice. If the writers had the first inkling about Common Law and its timeless, secularnature, the entire text would have taken on a completely different tone and approach. In its present form, it is execrable.
Yours sincerely,
Astra d'Oudney.
www.democracydefined.org
 
"Better never to vote at all than vote for a person who does not make EQUALJUSTICE the prime aim of government by RESTORATION and UNIVERSALADOPTION of Constitutional Legem Terræ Common Law Trial by Jury."
 
Kenn d'Oudney is the author of books and essays including the following:
Kenn d'Oudney est auteur de livres et essais y compris les suivants:
Kenn d'Oudney ist Autor von Büchern und Essays einschließlich der folgenden:
 
MYTHS DISPELLED: AN OPEN LETTER TO JAMES MADISON (descendant).
Essay: read it and see for yourself how the Constitution's Justice System is supposed to work to protect rights, liberty, property ownership and use, and achieve equal justice for all and discover... THE ILLEGALITY OF THE STATUS QUO.
http://www.democracydefined.org/democracydefinedmaterial.htm
 
"Hi Kenn:
What a magnificent article! I intend to incorporate parts of it into my speeches and writings.
Yours in freedom and justice
"
Professor Julian Heicklen,
 Jury Rights’ Activist;
Coordinator, Tyranny Fighters; U.S.
 
"Kenn d'Oudney is a brilliant writer and researcher when it comes to Democracy and Trial by Jury. The best source of common law is Kenn d'Oudney."
Dr. John Wilson,
Jury Rights’ Activist;
co-Founder & Chairman, Australian Common Law Party.
 
"Superb. Should be read in every law school."John Walsh, Barrister-at-Law, Author; Constitutional lawyer (U.S. & Australia).

 
freely downloadable information about pan-European legem terræ common law, the Law of the Land, whose central tenet and sole justice system is the all-powerful People's Trial by Jury Courts, defining the true European and pan-Occidental Constitution.http://www.democracydefined.org/democracydefinedmaterial.htm
 
"Thank you for your excellent work on Magna Carta. What a masterly exposition."
JOHN GOURIET, Chairman, Defenders of the Realm; 
Battle for Britain Campaign supported by The Duke of Wellington; Edward Fox, OBE, and Frederick Forsyth, CBE.

"Kenn, 
Your rebuttal is masterly. Your essay is a very good read."ROBIN TILBROOK, Chairman & Party Leader; English Democrat Party.
 
"Thank you so much for this contribution. It is very much appreciated."ASHLEY MOTE, MEP (Member of the European Parliament); Vice-President, Alliance of Independent Democrats in Europe.
 
"Thanks, Kenn. I've circulated this."
SIMON RICHARDS, Campaign Director; The Freedom Association; Founded by John Gouriet; the Viscount de L’Isle, VC, KG, PC; Ross McWhirter and Norris McWhirter, CBE.
 
 
SRC Publishing Ltd., London, available from world distribution by LULU of North Carolina.
 
THE REPORT, CANNABIS: THE FACTS, HUMAN RIGHTS AND THE LAW ISBN 9781902848204, co-authored by Joanna d'Oudney; Foreword by a Nobel laureate former Official Adviser to the U.S. government; endorsed by a Professor of Physiology Fellow of the Royal Society, academics, doctors (of a variety of disciplines) and judges (U.S. & U.K.);
softback, 260 large-size pages; also available as an e-book;
http://www.democracydefined.org/1report.htm
 
You have done a splendid job of producing a comprehensive summary of the evidence documenting that the prohibition of the production, sale and use of cannabis is utterly unjustified and produces many harmful effects. Any impartial person reading your REPORT will almost certainly end up favouring the re-legalisation of cannabis.NOBEL LAUREATE PROFESSOR MILTON FRIEDMAN, former Economics’ Adviser to U.S. government; Author, video and TV series writer and presenter; Senior Research Fellow, Hoover Institution on War, Revolution and Peace; Professor Emeritus, University of Chicago.
 
You represent a worthy part of the fight in many countries for the logical and beneficial use of cannabis. I thank you for that.”PROFESSOR PATRICK D. WALL, M.D., Author; Professor of Physiology, UMDS St. Thomas's (Teaching) Hospital, London; Fellow of the Royal Society; DM, FRCP.
 
did enjoy reading it. THE REPORT should contribute much.”THE HON. JONATHON PORRITT, Bt., former Adviser to U.K. government on Environment; Author; Founder, Friends of the Earth; TV series writer and presenter.
SRC Publishing Ltd., London, available here from world distribution by LULU of North Carolina.
Available as textbook* and also as an e-book.
SO YOU THOUGHT CANNABIS PROHIBITION HAS NO EFFECT UPON YOU ?
 
THE REPORT ISBN 9781902848204: Part (chapter) Two  contains the unprecedented (new) Cannabis Biomass Energy Equation (CBEE; Modern Uses) which proves the clean-combusting production-cost-free, i.e., FREE, cannabis by-product pyrolytic CH3OH is the immediate non-polluting, renewable, total world replacement for fossils and uranium, whilst cultivation simultaneously significantly increases world production of staple seed food (protein-rich; no relaxant in seed). The CBEE exposes the bankowner-corporate-governmentmonumental ulterior motive behind fraudulent prohibition. 'Prohibition' is a venal, cartel-fabricated subterfuge; a false fuel-energy MONOPOLY.
 
The CBEE Formulation proffers CH3OH oil-gasoline-type fuel combustion for all power-station, industrial, land, sea and air transportation and domestic energy supply, with ZERO net atmospheric increase of CO2. Viz. the CBEE thereby simultaneously demonstrates governments’ mendacity in their claims to wish to reduce carbon emissions, and proves the “eco” and “carbon taxes” to be fraudulent: a criminal government imposture completely without foundation. The misuse of exorbitant, world-economy-depressing fossils and uranium as ‘fuel’ is potentially catastrophic, legally and economically unjustifiable, and requires to be prohibited forthwith.
See pyrolysis diagrams, photo, equation, etc.
 
Part Six of THE REPORT, PROHIBITION: THE PROGENITOR OF CRIME. 
"To cause crime to occur is to be accountable for the crime, morally and legally. To consent to any measure is to share responsibility for its results."
 
Legalised, cannabis grows anywhere: the benign herb's foliage and flowers come free or at an insignificant price, but yielding no revenues to government and no profits to corporations. However, prohibition creates the Black Market: the Economic Effects of Prohibition (scarcity + enforcement, etc.) augment "street" value by 3000% plus, making all Black Market associated crime inevitable. The political commodities' prohibition, the War on Drugs, rather that is to say, the politicians who pass and the judiciaries who maintain the legislation engender (cause) and are culpable for not less than 75 - 80 percent of all crimes (official statistics) throughout the West.
 
EXONERATIVE FINDINGS OF FACT; Official Empirical Research; THE REPORT collates the medico-scientific Findings of Fact and Conclusions of the government-funded clinical studies conducted by world-respected research and academic institutions into non-toxic, non-addictive natural herb cannabis (differentiated from pharmaceutical laboratory toxic product THC). The investigations' empirical evidence exonerates cannabis from all allegations of 'harm' and 'impairment' (including tests on simulated driving) exempting cannabis from all legislative criteria of control ('prohibition'). All citizens persecuted thereunder are due Amnesty and Restitution (as for other Wrongful Penalisation).
 
MEDICATION: Efficacious in over 100 adverse medical conditions (viz. Official Pharmacopoeias) including applications which are life-saving, preserve eyesight, Curative and/or Preventive, and with potential cheaply to replace numerous lines of lucrative but ineffective, debilitating, addictive, toxic pharmaceuticals, rendering massive financial government-corporate ulterior revenue andprofit motive (trillions) behind apocryphal prohibition by perjurious derogation. + Medical Case Histories.
 
Six Parts (chapters) include expert documentary, legal, academic, scientific, technical, medical, economic, social, criminological, philosophical evidence, and that which is based on grounds of equity, vindicating all private cultivation, trade, possession and use, and which further exposes perjury and venality behind prohibition 'legislation', all acts of enforcement constituting crime per se.
 
Part Seven, RESTORATION: JUSTICE AND THE CONSTITUTION, exposes corruption, ineptitude and injustice in the justice process; examines Law: natural law, supreme secular legem terræ Constitutional common law, treaties, statutes; quotes presidents, judges, lawyers and chief justices.
 
THE REPORT is regularly presented pre-trial by defendants to courts (judges) who routinely forbid all Findings of Fact, evidence and defences which "dispute the legality of the law" before the jury. The official and expert evidence in THE REPORT establishes the apocryphal, illegal nature of the legislation. THE REPORT quotes legal grounds (national and international) which demonstrate numerous infractions of laws by the prohibition legislation, and which show all acts of its enforcement to be crime per se. All citizens persecuted thereunder are due Amnesty and Restitution (as for other Wrongful Penalisation). This textbook demonstrates in the law: injustice, inequity, invalidity, adverse effects, venal ulterior motive, perjury, fallacious derogation, and the inherent illegality of law which creates the Black Market and engenders all associated crime.
The outcomes of this procedure of presenting THE REPORT as documentary evidence to the judge have proved beneficial in the extreme for defendants. *Courts require documentary evidence presented as the published textbook (not copies or e-book.)
 
WE THE PEOPLE AND THE MATTER OF WORDS; freely downloadable, indispensable information for the creation and sustainment of legitimate government and society;http://www.democracydefined.org/democracydefinedmaterial.htm
 
 
 
 
THE CONSTITUTION TREATISE: Why the d'Estaing ('European') Constitution-Treaty Is the Antithesis of Democracy ISBN 9781902848747, see website for endorsements by U.S. & U.K. cognoscenti;
http://www.democracydefined.org/5constitution.htm
 
 "The d’Oudney analysis is as insightful as it is comprehensive. It will stand for years to come as the definitive critique of the European Constitution prepared by Giscard d’Estaing and others. I look forward to sharing the d’Oudney analysis with my colleagues."HOWARD PHILLIPS, Founder, U.S. Constitution Party; three-time presidential nominee; Chairman, Conservative Caucus.
SRC Publishing Ltd., London.
 
 
DEMOCRACY DEFINED: ON THE ETYMOLOGY, HISTORY AND SIGNIFICATION OF THE WORD DEMOCRACYthe Sciences of Etymology, Semantics, Semasiology, and Philology determine whether your country is a definitive democracy or your government is a despotism. Viz. The word ‘democracy’ is widely abused and ‘defined’ incorrectly: Democracy is a state of society realisedneither by referenda (mass voting for new laws), nor by suffrage (electoral voting for representatives),nor by representatives’ majorities’ legislatorial voting. Electoral voting, majority rule and ‘consensus politics’ neither create nor define democracy. This essay defines and summarises the unique signification and inestimable value to the human race of genuine Constitutional Democracy.
 
9-11 TRUTH LINKS COMPENDIUM; exposition with select video analysis & lectures; contributions by professors, architects, scientists, Federal Aviation Authority experts, former CIA, FBI, military and government officials, firemen, reporters and other eye-witnesses present; freely download this Compendium which serves as an introduction to the subject, and as a source of additional references for those already familiar with the 9/11 Truth Movement;
 

THE VALUE OR OTHERWISE OF LAW DICTIONARIES; part of the contents of a forthcoming book to be published by SRC Publishing. It is nevertheless, for the time being anyway, downloadable for free;http://www.democracydefined.org/democracydefinedmaterial.htm
 
ON REFERENDA AND MAJORITY RULE; part of the contents of a forthcoming book downloadable for free;
 
CHIEF JUSTICE VAUGHAN'S RULINGon perhaps the most famous trial in history; Juror's Rights and Duty and photo of the Old Bailey Commemorative Plaque;http://www.democracydefined.org/democracydefinedcampaign2.htm#intervention
 
WHY THE LEGAL PROFESSION CANNOT DEFEND YOU; consider some of the judicable breaches of common law and Constitution to which modern government resorts in order to enforce its inequitable, illegal, and money-motivated statutes;
 
Further reading on the website:
http://www.democracydefined.org/
The Home Page of The not-for-profit Educational Campaign for RESTORATION and
UNIVERSAL ADOPTION of CONSTITUTIONAL COMMON LAW TRIAL BY JURY.
The Democracy Defined Campaign Philosophy is endorsed by academics, attorneys,
doctors (of jurisprudence, medicine, homeopathy, philosophy, etc.) and judges ( U.S . & U.K.).
Join the Campaign ! Download and distribute free posters and educational pamphlets.
 
 
 
Jim MacLeod
2:33 PM (17 hours ago)
to RcampaignJohnROGERDonname
Hello Astra

I have noted there are many paths and personas journeying towards some destination / idea / work in progress in the face of what appears to be certain insurmountable and long ago mischievously embedded obstacles. The quest is not merely individual but universal for those who would participate in the Great Work or Magnum Opus in their own called upon way – to know to see to share to do whatever it takes with best intentioned others. Many are the illusions and delusions that abound and the WAY is often fraught with considerable difficulties. I have been asked recently to assist a certain individual long in difficulties and step by step there seems to be some changing in the obstructions. More anon.

a)     My research in several areas is gathering solid insights and possible fruit-bearing outcomes – the matter in WA legal medical hostage circus has a few kilometres to go but there seems to be a ground swell of proper support emerging at long last – even the WA media has raised the questionable practice of wrongly incarcerating individuals alleged to have mental disorientation – when they don’t truly diagnostically have that.
b)    A range of constructive email exchanges are giving good insights into several of the current outstanding questions / concerns – about Justice matters and how the ordinary folks must awaken and be empowered to take personal responsibility – together like-minded ethical outcomes can be achieved. – Proper balance needs to be restored. People need to be truly fair dinkum and less self-serving - the insights from Kenn d’Oudney (actually it was Astra who responded) were in line with what I expected in regard to the strange Book of Hundreds item. It had a certain bent that has long been percolating the planet and it was heartening to have the grounded response ….thanks
c)     From my personal perspective it appears that there is an impediment to the installation of the “Trial by Jury and as I see it… it looks something like this and I tried to bring this into focus in a previous email which has so far not been addressed (see attached)
a.     The State – Government Military / Martial Malevolence? seems this artifice is superimposed and “invested” with a  “power” over the people – enslaved owned and “dissected” by this collective conglomerate  of systems / agencies / apparatuses which sits atop / at variance / within / alongside of (b) and assists in thwarting (c) from even being known about – let alone the truth coming into consciousness / manifestation. A lie has prevailed and prevented and while long doing so has become what appears to the ignorant to be the “truth” – and the world is ever more manipulated as a consequence.
b.     The Church – manipulative connivance usurps (c)
c.      The Common Law / Natural Law of the Universe – through which the idea has been from an ancient of ancient period long prior to more recent so-called religious practices that have been infused into mortal mind-sets
Common Law and Trial by Jury far predate the Christian Era. Common Law is timeless, secular and universally applicable. (From your correspondence)

d)     Thus it seems the problem is manifold but in the tiers at point above, we have to unravel certain obstructs to enable the aspired for construct to come into collective consciousness and thus the Trial By Jury  etc.
"Better never to vote at all than vote for a person who does not make EQUALJUSTICE the prime aim of government by RESTORATION and UNIVERSALADOPTION of Constitutional Legem Terræ Common Law Trial by Jury."
Thus steps back in the process begin with the attention to and the removal of the impeding apparatus of government as it has become so malign and problematic – thence a step of reviewing the underpinning Church beliefs that have held sway over the collective consciousness of so many centuries and dumbing down in every conceivable way the potential for minds of mortals to be first and foremost
e)     knowing / discerning / intuiting
f)      enabled / empowered / doing
g)     free spirits of ethical fair and just intent as opposed to malignancy riddled with malice aforethought
While I and you (Astra / Kenn et al) as individuals may well see and feel aspects of this and know intrinsically the difference between the current operation and the possible alternative – there is that GAP in the theory and the reality coming into manifestation because of all that vested otherness that has “carcinogenically” intentfully wilfully malignantly held such execrable sway for so long upon the possibility that is inherently aspired to in the theory espoused. “As a Man Thinketh” and the quintessential Man of La Mancha – Man for all Seasons in the Impossible Dreaming towards a magnificent possibility….

All of which can be attained in the microcosm of the individual life for a brief time but for some kind of eternal omnipresent manifestation requires a huge paradigm shift in first a) then b) and most probably these need to be in tandem resolutions effected simultaneously (a and b) – and here I am reminded of the thoughts of George I Gurdjieff who spoke of The WAY in the sense that the WORK he (and Ouspenski) prescribed  was initially on self and then on others and then on the universe at large (Three strands) – it seems this is part of the task that RESTORATION regards DEMOCRACY could concomitantly consider.
I would be interested in your reflections by way of response Astra
Thanks for the time in responding to the previous – I am interested to hear further reflections

regards

Macleod (J


From: Campaign@democracydefined.org [mailto:campaign@democracydefined.org]
Sent: Wednesday, 9 January 2013 5:20 AM
To: Jim MacLeod
Cc: John Wilson; 'ROGER'; Donna Chapman; 'Nicholas Chin'
Subject: [SPAM] Reply to Jim from Astra d'Oudney, DEMOCRACY DEFINED.

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