This post is an exploration of the Rule of Law from Universal Law through Natural Law to Societal Law.
The Rule of Law is based on a premise that the laws lower in the hierarchy cannot be greater than the laws above them.
Universal Laws are those that have been recognised in most Philosophical and Spiritual belief systems and are now being recognised in Quantum Physics in explaining the nature of the physical universe using ‘reductionist materialist’ observation techniques.
I put a qualification here. In the Tao Te Ching, Lao Tzu states in his first stanza:
“The Tao (path/way) that can be spoken of is not the eternal Tao (path/way).
The name that can be named is not the eternal name.
The nameless is the beginning of heaven and earth.” Parenthesis added.
In other words, the law that can be explained, written down or spoken about is not the Divine Law. Anything that ‘exists’ in the physical world is as a result of manifested consciousness and, therefore, an illusion created by lesser consciousness’.
As this post is a written form of the law, it may not reflect the Divine (Creator’s) Law. Unless you take into account Hermes Trismegistus’ principle of “As above, so below.” As we strive towards higher levels of conscious awareness, our understanding of the Creator’s (Divine) Law becomes clearer.
1: Law of Mentalism
Everything that exists, and does not exist, in the universe is, and has, consciousness.
2: Law of Correspondence
Everything that exists, and does not exist, in the universe exists in a state of harmony.
3: Law of Vibration
Everything that exists, and does not exist, in the universe is in a state of dynamic movement.
As we move further away from the Creator’s law, these next levels are under higher levels of illusion as consciousness moves into denser energy.
Everything that does not exist in the physical realm in the universe is referred to by Quantum physicists as ‘Dark Matter’ or ‘Dark Energy’. It was also referred to as ‘Ether’ or ‘Universal Consciousness’ by Spiritualists.
Supernatural Law is more correctly referred to as Meta-natural, or Para-natural, Law as it refers to the concepts behind, beyond or above natural law. And so, they exist above and behind Natural Law.
The Universal Consciousness responds to the Universal Laws in predictable ways and can be harnessed with the proper training. The ability to recognise, respond to and work within these laws can occur naturally in some people. However, these skills can be learned with the proper attitude and a skilled practitioner.
Always remember, these laws and resulting influences can be affected to varying degrees of illusion and competing consciousness.
1: Law of Attraction
Everyone attracts, or draws to themselves, the things they need.
2: Law of Change
Everything is in the process of becoming something else.
3: Law of Relativity
Nothing in life has any meaning, except for the meaning that we give it.
4: Law of Exchange
All things exist in balance and must return to a point of harmonious equilibrium.
5: Law of Manifestation
What you focus your conscious energy on is what you create.
Everything that exists in nature does so as an expression of Universal Law guided by Supernatural Law and how our consciousness perceives it.
1: Law of Polarity
Everything is on a continuum and there are two poles or opposites, the difference between the two extremes of one thing is called polarity.
2: Law of Rhythm
Everything vibrates and moves to certain rhythms.
3: Law of Cause and Effect
Every Action has a reaction or consequence.
4: Law of Gender
Every seed of thought has a gestation or incubation period. This seed of thought will move into form or physical results when the time is right.
As we move into Societal Law, we move entirely into illusionary rules. All laws above this level do not require “Law Enforcement” as they are ‘self-governing’.
1. The Common Law
Generally, Common Law is based on customs and interpersonal rules used to live in harmony with Natural Law.
Guiding principles of Common Law:
- Do no harm to any living man, woman or child
- Do no harm to any property or the environment
- Be honourable in your dealings with people in personal relationships and in business dealings.
Common Law is upheld in Common Law Courts organised by living men and women, e.g., Common Law Court of Australia.
Common Law Courts are an essential element of Societal Law to ensure the ” Laws of the Land” do not get highjacked by unscrupulous people.
International Law is a branch of Common Law agreed to by member nations and formalised, and enforced, by treaties and conventions.
2. The Constitution
The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.
—James Madison. The Federalist No. 49, February 2, 1788.
The constitution is the foundational legal document of a jurisdiction. It is a compact between the people, by which they agree to be bound by its provisions and by laws made in accordance with it. All executive actions, bureaucratic actions, and all legislation must be able to trace their authority back to the constitution.
Having, or using a ‘Constitution’ can devolve into a system of enforced slavery when those in positions of ‘power’ use the agreed rules of behaviou for their own benefit and to subjugate, enslave, other perceived less- powerful people through manipulating the illusion.
In many democratic countries ‘created’ under a constitution no longer are governments of or by the people subject to them and, therefore, are a system of enforced slavery.
3. Legislation passed by initiative
Legislation passed by direct vote of the people ranks above legislation passed by the legislature. Legislators are only agents of the people, thus when the people enact laws they do so as principals, overriding their agents. The constitution should not allow the legislature to repeal or amend legislation passed by initiative. To do so would destroy the utility of the initiative as a check on the power of the legislature and give agents the ability to override their principals.
4. Legislation passed by the legislature
Legislation passed by the legislature is subordinate to both the constitution and legislation by initiative. Constitutions that allow a super-majority of the legislature to approve constitutional amendments or to reverse initiatives undermine the rule of law (as the lawmakers are no longer subject to the law).
5. Delegated legislation
Delegated legislation (also known as regulations or subordinate legislation) is created by executive officers or bureaucrats under authority granted by legislation. Delegated legislation is void if it contradicts or overrides either primary legislation or the constitution.
6. The Civil Law
At the bottom of the hierarchy of laws is the Common (Civil) Law. Every case that comes before the courts is slightly different; legislation cannot provide for every circumstance. The Common (Civil) Law is the grout that fills in the cracks. It is a necessary evil because unelected judges are effectively making law. However, this evil is almost entirely mitigated by the principle of stare decisis et quieta non movere: “to stand by and adhere to decisions and not disturb what is settled.” By requiring judges to follow the reasoning of judges in previous cases, the discretion of the judges is effectively whittled down to almost nothing. In this way the law becomes settled and predictable, and the rule of the written law (contained in the casebooks) prevails over the arbitrary whim of the judge.
In making their decisions, judges must avoid inventing law. To achieve this they must follow:
- the reasoning of appellate courts above them, in order of seniority;
- the reasoning of judges in the same jurisdiction at the same level as them, even when they might have reached a different conclusion, but not if they themselves manifestly breach precedent;
- the reasoning of appellate courts in related jurisdictions;
- the reasoning of trial judges in related jurisdictions;
- the reasoning of appellate courts in less-related jurisdictions, on analogous legislation.
A judge is required to ignore his own understanding of the constitution if a binding precedent is contrary. This is because constitutional interpretation is a question of opinion, and the system requires that the opinion of the higher courts outranks the opinion of lower court judges. This renders the Common (Civil) Law predictable, even if wrong. If the supreme appellate court is wrong, then the correct check is to legislate around the error, amend the constitution, or reconstitute the court. The appellate courts should be reluctant to depart from their own decisions, but in cases of erroneous jurisprudence, they should be at liberty to do so.
The Rule of Law is that no law created from a level above it can be greater than the law that created it. Therefore, Legislative Law and the rulings of the Judiciary cannot over-ride Common Law.
While ‘The Rule of Law’ is a philosophical view, many people throw the term around to justify their position, mainly those lower in the hierarchy. It is up to the people who understand this hierarchy to keep the vision and hold those to account that try to subvert it.
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