Key Distinctions Between Law & Legislation:

1. Basic Definitions
- Laws (Common Law) are fundamental principles that apply equally to everyone
- Statutes (Legislation) are rules and regulations created by Parliament that require individual consent

2. Main Characteristics
- Laws:
* Based on enduring principles
* Apply equally to all citizens
* Evolve slowly over time
* Focus on protecting rights and freedoms
* Cannot be repealed by statutes

- Statutes:
* Can favour certain groups over others
* Subject to frequent changes
* Require individual consent
* Created by Parliament
* Can be challenged through trial by jury

3. Legal System Elements
- Juries are considered the highest authority under the law
- Judges interpret legislation but cannot direct jury decisions
- Common law takes precedence over statutes
- Courts belong to the people, not to legal officials
- Individual consent is fundamental to statute enforcement

4. Constitutional Aspects
- Parliament makes legislation but doesn't make law
- People have the right to withdraw consent from statutory governance
- The jury system is constitutionally protected
- Administrative courts have limited authority
- Removal of jury trials is considered unconstitutional

The text emphasises that understanding this distinction is crucial for maintaining individual rights and preventing government overreach through legislation.​​​​​​​​​​​​​​​​

Understanding Law and Legislation: A Clear Guide

The fundamental difference between law and legislation lies in their origin, application, and authority. Here's a clear breakdown of these important distinctions:

Common Law
Common law represents the bedrock of our legal system. These are fundamental principles that have evolved over centuries and apply equally to everyone in society. Unlike legislation, common law cannot be easily changed or repealed, as it's based on long-standing principles of justice and fairness.

Legislation (Statutes)
Legislation consists of rules and regulations created by Parliament. Unlike common law, these statutes require individual consent and can be changed relatively quickly. They may treat different groups differently and can be challenged through jury trials.

The Role of Courts and Juries
In our legal system, juries hold the highest authority under the law. While judges can interpret legislation, they cannot direct jury decisions. This is crucial because courts fundamentally belong to the people, not to legal officials. Every man or woman has the right to a jury trial, and this right is protected by the constitution.

Constitutional Framework
Parliament's role is specifically limited to creating legislation - it doesn't make law in the traditional sense. This means:
- People can withdraw their consent from statutory governance
- The jury system must be protected
- Administrative courts have restricted powers
- Jury trials cannot be constitutionally removed

Understanding these distinctions is vital for protecting individual rights and preventing governmental overreach. Common law serves as a check on legislative power, ensuring that fundamental rights and freedoms remain protected regardless of what statutes may be enacted.

This system of checks and balances helps maintain individual liberty while allowing for necessary regulation through legislation, provided it has proper consent and doesn't violate common law principles.​​​​​​​​​​​​​​​​

4 comments

Where does the Bible come in all of this?
Gos
Where does the Bible come in all of this?
Common Law is built upon the tenant’s of the Ten Commandments..! Cause no harm or loss to another living man or woman their rights or their property…
Yes common law like all of man's law is a Degradation of law ...equity a further Degradation as it employs uses and trusts which separates you from the common law. We have allowed governments to amass so much power that their might now supercedes any right . There is no rule of law anymore ...it's a monopoly on violence that's being executed not law