definition constitution statute

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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=20 us.

A Constitution is the authority that gives = the=20 Legislature the power to enact a Statute.

SHORT DEFINITIONS FROM TWO LAW DICTIONARIES

Full definitions at=20 end

Definition of a Statute:

Canadian Law Dictionary

"An Act of the Legislature adopted pursuant to = constitutional=20 authority."

Black=92s Law Dictionary

"A law enacted by the will of the Legislature - the = written will=20 of the Legislature, expressed according to the forms necessary to = constitute it=20 the law of the nation."

[Comment by Home Rule for BC on the = above]

Both the Canadian and the American dictionaries = establish two=20 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=20 People must all obey.

Definition of a Constitution

Canadian Law Dictionary

"The construct of rules that establishes the = governmental=20 structure of the state."

Black=92s Law Dictionary

"A charter of government, deriving its whole authority = from the=20 governed."

[Comment by Home Rule for BC on the = above]

Both the Canadian and the American dictionaries agree = that the=20 constitution is the underlying, prior authority, that permits the = Legislature to=20 enact a statute.

However, the Canadian definition fails to define the = proper=20 source of that authority which permits the Legislature to enact a = statute. It=20 avoids that issue.

The American dictionary correctly defines the source of = that=20 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=20 to government, there can exist in Canada no charter of government which = derives=20 its whole authority from the governed.

And therefore, no provincial or federal government in = Canada is=20 properly constituted. If there existed any instrument in Canada = documenting the=20 specified rights granted by the People to any government, the government = concerned would have proclaimed it daily. My request in 2001 to the = Prime=20 Minister of British Columbia, and to the province=92s Attorney-General, = for a copy=20 of British Columbia=92s constitution has received a long unbroken = silence. Both=20 parties have probably realised that there is no British Columbia = constitution,=20 and that the BC government has no constitutional authority to = govern.

And so, what do the Ottawa government and the BC = government=20 claim as their constitutional authority to govern ?

Ottawa has brainwashed everyone into believing that an = Act of=20 Parliament is a constitution - the BNA Act 1867 - now the Constitution = Act 1982.=20 Victoria has brainwashed people into believing tha the BC Constitution = Act is a=20 constitution. Even lawyers and judges call an act a constitution.

The situation is that the politicians have passed an = act which=20 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=20 1931 is ultra vires.

Here is a last contradiction in this matter of a = constitution. =20

Lawyers who write pages and pages of fine print to clarify = the least=20 little contract in ordinary life, and judges whose decisions hinge on = one single=20 word in a contract, would have us accept that the biggest contract of = all time -=20 the contract between a People and their government - our constitution - = is=20 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=20 the federal parliament adopted pursuant to constitutional = authority. =20 Statutes constitute a primary source of law and are enacted, for = example, to=20 prescribe conduct, define crimes, create inferior government bodies, = appropriate=20 public monies, and in general promote the public good and welfare."

Constitution

"The construct of rules, regulations and laws, either written or = unwritten,=20 that establishes and orders the political, governmental and legal = structure of=20 the state. A constitution defines the state's mode of political=20 organisation, establishes the state's principal institutions, regulates = the=20 functions of the various departments of the state apparatus, and governs = the=20 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=20 particular law enacted and established by the will of the legislative = department=20 of government; the written will of the legislature, solemnly = expressed=20 according to the forms necesssary to constitute it the law of the = state. =20 This word is used to designate the legislatively created laws in=20 contradistinction to court decided laws or unwritten laws."

Constitution

"A charter of government deriving its whole authority from the = governed. The=20 organic and fundamental law of a nation or state, which may be written = or=20 unwritten, establishing the character and conception of its government, = laying=20 the basic principles to which its internal life is to be conformed, = organising=20 the government, and regulating, distributing, and limiting the functions = of its=20 different departments, and prescribing the extent and manner of the = exercise of=20 sovereign powers.

It is the written instrument agreed upon by the people of a = particular state,=20 as the absolute rule of action and decision for all departments and = officers of=20 the government in respect to all the points covered by it, which must = control=20 until it shall be changed by the authority that established it, and in=20 opposition to which any act or ordinance of any such department or = officer is=20 null and void."

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