Subject: definition constitution statute
From: <Saved by Windows Internet Explorer 8>
Date: Mon, 17 May 2010 12:12:29 -0700

THE DIFFERENCE BETWEEN

"STATUTE" AND "CONSTITUTION".

THE DIFFERENCE THAT

"THEY" HAVE HIDDEN,

AND THAT "WE" NEED TO KNOW.

Brief Summary

A Statute is what the Legislature decides is good for
us.

A Constitution is the authority that gives the
Legislature the power to enact a Statute.

SHORT DEFINITIONS FROM TWO LAW DICTIONARIES

Full definitions at
end

Definition of a Statute:

Canadian Law Dictionary

"An Act of the Legislature adopted pursuant to constitutional
authority."

Black’s Law Dictionary

"A law enacted by the will of the Legislature - the written will
of the Legislature, expressed according to the forms necessary to constitute it
the law of the nation."

[Comment by Home Rule for BC on the above]

Both the Canadian and the American dictionaries establish two
things about a Statute:

1 It is the will of the Legislature.

2 It needs some prior authority in order to become a law that the
People must all obey.

Definition of a Constitution

Canadian Law Dictionary

"The construct of rules that establishes the governmental
structure of the state."

Black’s Law Dictionary

"A charter of government, deriving its whole authority from the
governed."

[Comment by Home Rule for BC on the above]

Both the Canadian and the American dictionaries agree that the
constitution is the underlying, prior authority, that permits the Legislature to
enact a statute.

However, the Canadian definition fails to define the proper
source of that authority which permits the Legislature to enact a statute. It
avoids that issue.

The American dictionary correctly defines the source of that
authority as "the governed".

The definition of a charter is:

"A franchise or written grant of specified rights..."

"A permission from a society for the organisation of..."

Therefore, if our society has never granted specified rights
to government, there can exist in Canada no charter of government which derives
its whole authority from the governed.

And therefore, no provincial or federal government in Canada is
properly constituted. If there existed any instrument in Canada documenting the
specified rights granted by the People to any government, the government
concerned would have proclaimed it daily. My request in 2001 to the Prime
Minister of British Columbia, and to the province’s Attorney-General, for a copy
of British Columbia’s constitution has received a long unbroken silence. Both
parties have probably realised that there is no British Columbia constitution,
and that the BC government has no constitutional authority to govern.

And so, what do the Ottawa government and the BC government
claim as their constitutional authority to govern ?

Ottawa has brainwashed everyone into believing that an Act of
Parliament is a constitution - the BNA Act 1867 - now the Constitution Act 1982.
Victoria has brainwashed people into believing tha the BC Constitution Act is a
constitution. Even lawyers and judges call an act a constitution.

The situation is that the politicians have passed an act which
they say is their authority to pass an act.

And up to now, we have believed that lawyer logic.

The truth is that every "law" passed in Canada and BC since
1931 is ultra vires.

Here is a last contradiction in this matter of a constitution.

Lawyers who write pages and pages of fine print to clarify the least
little contract in ordinary life, and judges whose decisions hinge on one single
word in a contract, would have us accept that the biggest contract of all time -
the contract between a People and their government - our constitution - is
acceptable in unwritten form.  Ha...

?  ? ? ? ? ? ? ?

Full definitions

Canadian Law Dictionary

Statute

"An act of the legislature; in Canada an act of a provincial legislature or
the federal parliament adopted pursuant to constitutional authority.
Statutes constitute a primary source of law and are enacted, for example, to
prescribe conduct, define crimes, create inferior government bodies, appropriate
public monies, and in general promote the public good and welfare."

Constitution

"The construct of rules, regulations and laws, either written or unwritten,
that establishes and orders the political, governmental and legal structure of
the state.   A constitution defines the state's mode of political
organisation, establishes the state's principal institutions, regulates the
functions of the various departments of the state apparatus, and governs the
relationship between the individual and the state."

Black's Law Dictionary (the most authorative American dictionary)

Statute

"An act of the legislature declaring, commanding, or prohibiting something; a
particular law enacted and established by the will of the legislative department
of government;  the written will of the legislature, solemnly expressed
according to the forms necesssary to constitute it the law of the state.
This word is used to designate the legislatively created laws in
contradistinction to court decided laws or unwritten laws."

Constitution

"A charter of government deriving its whole authority from the governed. The
organic and fundamental law of a nation or state, which may be written or
unwritten, establishing the character and conception of its government, laying
the basic principles to which its internal life is to be conformed, organising
the government, and regulating, distributing, and limiting the functions of its
different departments, and prescribing the extent and manner of the exercise of
sovereign powers.

It is the written instrument agreed upon by the people of a particular state,
as the absolute rule of action and decision for all departments and officers of
the government in respect to all the points covered by it, which must control
until it shall be changed by the authority that established it, and in
opposition to which any act or ordinance of any such department or officer is
null and void."

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