UNDERSTANDING SOVEREIGNTY ‘ THE DARK SIDE OF LEGAL SOVEREIGNTY’
FIVE DIFFERENT KINDS OF SOVEREIGNTY: Nominal and Real Sovereignty- Legal Sovereignty – Political Sovereignty -Popular Sovereignty . Defacto Sovereignty- De Jure Sovereignty, Indigenous Sovereignty, Parliamentary Sovereignty, Titular Sovereignty
THE CURRENT NOTION AND ELEMENTS OF SOVEREIGNTY: Territory, Population, Authority and Recognition. Having a permanent population, a defined territory, one government with the capacity to enter into relations with other sovereign states. Sovereignty is the ‘Ultimate Power’. The capacity of the state is independent, differs with other organizations. The English word ‘Sovereignty’ is derived from a Latin word ‘Superanus’ meaning ‘extreme or superficial’. It’s noted that Aristotle repeatedly used the words’ extreme power of the state’
THE TERM SOVEREIGNTY: was first used by Jean Bodin in his book entitled ‘The Republic’. As a political thinker he defined sovereignty to mean the ultimate power of a ‘state founded on citizens and subjects that is not regulated by law.’. Another political writer Hugo Grotius defined sovereignty as the supreme political power entrusted to a person who is not under anybody else, and whose will is impossible to violate. Locke’s theory was the idea of limited monarchy and mass sovereignty, the people possessing the real power. According to Rousseau. Sovereign power is supreme, indivisible, non-transferable, permanent and united. The source of power is the people. No mention of a King or Queen.
THE CROWN HAS NO POWERS OVER NZ CITIZENS ‘TITULAR SOVEREIGNTY’:-Does not have capability of exercising powers. An example of this is King Charles ( the Crown). The Crown is a symbol of tradition, possessing high honor, its actually the people who have the real sovereign power. No authority over the citizens of New Zealand.
INTERNAL AND EXTERNAL MEANS OF THE SOVEREIGN POWER OF THE STATE: Exercises ultimate power over all persons, groups, institutions within the sovereign, geographical, territorial boundaries of the state. The state can impose severe punishment on an alleged lawbreaker by calling it a ‘Internal Sovereign’. An Internal Sovereignty has supreme authority within ones territory. External Sovereignty is where the state by which no foreign state will be attacked by a foreign state, if it is attacked can complain to UNI for help by asserting ‘External Sovereignty’. External sovereignty is free from control, the will of another state. Freedom to establish diplomatic relations with other foreign states.
THE ULTIMATE POWER OF THE STATE ‘LEGAL SOVEREIGNTY’: Cannot be questioned, is absolute. Unrestricted power of the state, citizens must not disobey the power of the legislative body. Rights of citizens are a gift of legal sovereignty. The Power behind ‘Legal Sovereignty is ‘Political Power, this is vague, not exact, its been suggested there is no justification for making a distinction between ‘Legal Sovereignty’ and ‘Political Sovereignty’ that the division of sovereignty is impossible.
THE PRACTICAL CONTROL AND JURISDICTION ‘DE FACTO SOVEREIGNTY’: Over territory eg.m the legal system, sovereign laws that govern the territory as in ‘De-jure sovereignty’. De facto sovereignty is a type of political question
SOVEREIGNTY LIES IN THE HANDS OF THE PEOPLE ‘POPULAR SOVEREIGNTY’: First reflected through protests of the monarchy in the 16th and 17th centuries.. In the 1677 revolution . Refers to two treaties on Civil Governance (John Locke) that clearly declared that the kings rule depended on the consent of the people, this also refers to American Independence (1766), the October Revolution in Russia (1917), People Revolution in China (1949)- To advance sovereignty of the people. The characteristics of ‘Popular Sovereignty’ is that of a party system & elections are the source of governance. Public participation remains active in all govt depts including administration. The basis of election will be an universal adult franchise. The people will govern the government directly or substantially. The goal of the ‘Sovereign’ will be for the welfare of the people and the establishment of democracy.
.STATE SOVEREIGNTY ‘GLOBALIZATION’: The power of making state policy is not fully controlled by any ‘Sovereign State’. International events determine what is the national policy of a country. The power of the ‘Sovereign State’ has, is significantly reduced. A handful of major powers has jeopardized the ‘sovereign’ and individual existence of the national state. NZ Government pandering willfully to International and domestic non-elected entities. The massive emergence of International Organizations ‘NATO’, UN Agencies WTO, WTO and WEF, a variety of regulatory bodies have developed disciplines like space, ocean, commerce, land, water, food etc., The formation of transnational- multinational companies-corporations, militarization, world politics has undergone huge changes.
THE WORLD BANK AND IMF ‘ECONOMIC SOVEREIGNTY: Conditions imposed on third world countries eg reducing govt spending, depreciating currencies, stopping subsidies. These sort of conditions undermine economic sovereignty of third world countries. Losing ‘sovereignty’ can happen through indebtedness to international entities. (The African Dream-China to the rescue= indebted to China). A mass of restrictions, regulations ‘International Laws’ significantly affect the sovereignty of nation states. NZ a party to at least 1900 UN Agreements. The UN -WEF 13th June 2019 Official Strategic Partnership Agreement to accelerate UN Agenda 2030 17 Global Goals. WEF represent multistakeholder corporation. WEF the whisperer in the ear of the UN. Multistakeholder Corporations destroy Free market economy, hence destroying small businesses and small holder farming.
ZEW ZEALANDS DEPLETED ‘SOVEREIGN ECONOMY: Ardern boasted that NZ was the first country in the world to adopt UN Agenda 17 Global Goals into NZ’s domestic policies. Multistakeholderism to replace the Free-market economy of New Zealand. The Closing of Marsden Point Oil Refinery, Coal Mines, Off shore Oil Rigs hence dependent on other countries depleting, destroying NZ’s ‘Sovereign Economy’ that’s now reliant on the outside world to keep our home fires burning, so to speak. (De-Growth of NZ)
ABSOLUTE UNLIMITED AUTHORITY LEGAL SOVEREIGNTY ‘POLITICAL SOVEREIGNTY’:- The will of ‘Legal Sovereignty’ is actually sharpened by many influences which are unknown to ‘Law’. These influences are the real power behind ‘Legal Sovereignty’ which is namely ‘Political Sovereignty’. The democratic deficit under NZ’s ‘Political and Parliamentary Sovereignty’. The political Sovereignty where lawyers recognize under ‘Legal Sovereignty people cannot go against the will of Political Sovereignty because citizens of the state have to be obedient to the dark side of Legal Sovereignty which is Political Sovereignty. There is absolutely no justification for the distinction between the definition of ‘Political Sovereignty’ and ‘Legal Sovereignty’, the definition is impossible, its is vague and not exact..
‘POPULAR SOVEREIGNTY’ RESIDES IN THE PEOPLE:- The people are the supreme authority. The people decides what is right and wrong. The government are the tools, the servants of the people, there to serve the people for the good of ALL people of NZ. Must be held accountable and responsible for their actions for the good of the people of our Sovereign State of New Zealand. The basis of a modern democratic system is forcefully being challenged by Ardern’s government.
CHALLENGES THE UN DECLARATION FOR THE RIGHTS OF INDIGENOUS PEOPLES 2007 (UNDRIP):- ‘Popular Sovereignty’ has become a challenge to the UN and those governments, institution, organizations that are promoting the entrenchment of the UNDRIP into all of New Zealand’s society, economy, education, health, infrastructure, policing, govt policy making. (NZ UNDRIP-Vision 2040 and He Puapua)
NEW ZEALAND A POPULATION OF MULTICULTURAL PEOPLES: Ardern’s government is busy planning and implementing institutionalized racism into New Zealand. (Vision 2040 Toolbox – He Puapua). The UN Declaration for Indigenous Peoples Rights was introduced in 2007, Labour opposed this at the time, as did Nanaia Mahuta. Arderns
BEHIND THE CLOSED DOORS OF PARLIAMENT:Govt is now totally pro the UNDRIP, the Green Party Eugene Sage wants it implemented into NZ’s Constitution. In 2010 John Key leader of the National Party sent Peta Sharples leader of the Maori Party to the UN to sign the UNDRIP.(Source Beehive and UN News)
BICULTURAL AND MULTICULTURALISM:-We have a huge mix of cultures that call NZ their home. We are definitely not a ‘Bicultural Sovereign Nation’. The introduction, implementation of UNDRIP into New Zealand is undemocratic, institutionalized racism, apartheid, a divide and conquer strategy perpetrated by Ardern’s Govt and previous governments before. A deliberate strategy to cause civil unrest. It MUST be Stopped NOW
WE WERE WARNED BY ‘HOROMIA’ MINISTER OF MAORI AFFAIRS: (Beehive Speech Sept 2007)- Horomia stated he was surprised, disappointed the Maori Party was prepared to back up the signing of the UNDRIP. He referred to 4 provision in the UNDRIP. That the UNDRIP is fundamentally incompatible with NZ Constitutional & Legal arrangement and the Treaty Settlement Policy. UNDRIP Art 26 ‘Indigenous peoples have the right to lands, territories & resources they have traditionally owned, occupied or otherwise acquired’. Horomia said “This covers the entire country of NZ “It appears to require recognition of rights to lands now owned by other citizens, both indigenous and non-indigenous, this ignores contemporary reality.
INDIGENOUS PEOPLES RIGHT TO VETO OVER PARLIAMENTARY LAW: Horomia stated “this implies two classes of citizenship, indigenous people have veto rights that are not held by others”, that the Treaty is an unparalled system for redress, he stated “the Treaty has awarded Maori claims to nearly 40% of NZ fishing quota, claims to over half of New Zealand land area.” And added “We have the most extensive consultation mechanisms in the world within the Treaty Of Waitangi and have enshrined the Treaty into the Resource Management Law. He said “Maori Party have their heads in the clouds”
NZ HAS NO SINGLE CONSTITUTIONAL DOCUMENT:- NZ has a uncodified constitution often referred to as an ‘unwritten constitution’, an amalgamation of written and unwritten sources… Firstly NZ inherited the Westminster form of government, which was one of the few countries without a written constitution. The transferred privileges, immunities and powers were transferred by the ‘Legislative Act 1908’. As of 1st January 1865 were transferred to NZ Parliament. The’ English Laws Act 1858’ basically did the same when it came to the existing body of English Law. Earlier the Westminster NZ Constitution Act 1852 created a General Assembly for the colony of NZ to make laws for the Peace, Order and Good Government of NZ that sewed the seed of ’Parliamentary Sovereignty’
PARLIAMENTARY SOVEREIGNTY: Defines that the ‘Judiciary’ cannot interfere with decisions of Parliament (the legislature) such as the decision to pass a law. The judiciary can review the actions of the ‘Executive to see if they acted within the powers given to them by legislation’. Parliament’s House of Representatives has the exclusive power to regulate its own procedures.
POPULAR SOVEREIGNTY:- Means ALL People have the power of Sovereignty. Indigenous Sovereignty would mean the minor party of Iwi Elite would have the power to control that of which is ALL peoples rights. ‘Political Power’ does not belong to the state it belongs to all the people whom are citizens of this state, they are the true bearers of sovereignty, supreme authority- from the people for the people. We, the people are not here to serve the political regime, they are here to serve us. We are not Stalin’s pheasants in the fields. ‘Popular Sovereignty equates to ‘people power’. A legitimate sovereignty where the people have a fundamental right to determine the best interests for all not international and domestic non-elected entities determining the future for all New Zealanders.
PERSONAL IDEA’S FOR ‘SOLUTIONS’ AS WE HEAD UP TO THE GENERAL ELECTIONS:
Implement ‘Citizens Initiated Binding Referendum’. Presently this does not exist. NZ Citizens have NO end decision making rights.-
Debunk ‘He Puapua’-.Debunk Institutionalized Racism
Debunk implementation of the Non-binding UNDRIP becoming Binding (Lawful)-
Debunk ‘Three Waters Reform’. Stop Ardern’s government from criminally robbing NZ Ratepayers of their infrastructure Assets
Stop the Govts De-growth of NZ’s Economy-
Stop the farmers from being targeted with the insanity of Climate Alarmism-
Stop Non-Elected International and Domestic entities from controlling New Zealanders lives-
Stop the use of the unofficial naming of New Zealand-Aotearoa. –
Stop Sexualization, politicizing children & young people in schools.-10.Debunk Political Sovereignty. Promote Popular Sovereignty.
Implement a written constitution by the people for the people, embed with NZ Bill Of Rights 1990 and other Human Rights Declarations, agreements.
Revisit the Resource Management Act and any plans to remove this, to implement the replacement of the RMA with three new legislations. (with open, public debate without government influences and political persuasions.
Keep getting the truth out to the general public, speak up– find your Moral Courage.
NOTE: Democracy does not exist in NZ. New Zealanders are suffering a ‘Democratic Deficit’
NO FARMERS-NO FOOD