Lawful Rebellion: Child’s Play?!

The doctrine of the “Divine Right of Kings” asserted that the king was God’s representative on Earth. Over time, the abuse of this power led to discontent, and the king’s ministers eventually overruled him, forming the first Parliament. This move effectively ended the Divine Right of Kings, aiming to curb the monarch’s absolute power.

Given this historical context, it is unconstitutional and unlawful for Parliament to now assume a similar absolute authority, which could be termed a “Divine Right of Parliament.” This is particularly evident in the enactment of laws like the Public Order Act, the Criminal Justice Act, and the Anti-Terrorist Act, which seem to give Parliament unchecked legislative power and restrict citizens’ rights to protest unless explicitly permitted by the government.

The Right to Reasonable Force

Section 3 of the Criminal Law Act states:

“A person may use such force as is reasonable in the circumstances in the prevention of crime.”

This provision underscores that every individual has the right to prevent crime using reasonable force. It belongs to everyone, reinforcing the idea that citizens can act against unjust laws and governmental actions.

Common Law Control

A landmark case, Dr. Bonham’s Case, established that:

“When an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it and adjudge such Act to be void.”

This principle maintains that laws which are unreasonable or impractical can be declared void by common law, ensuring that legislative power is not absolute and must adhere to reason and justice.

The Unconstitutionality of Parliamentary Sovereignty

The original creation of Parliament was to prevent the abuse of power by monarchs. If Parliament now enacts laws that grant itself unrestricted power and limits citizens’ rights to oppose such laws, it contradicts its foundational purpose. This overreach can be seen as unconstitutional, as it mirrors the absolute authority Parliament was designed to dismantle.

Conclusion

Lawful rebellion is grounded in the principle that both individuals and the collective public have the right to resist and rectify unjust governance. The concept of parliamentary sovereignty becomes unconstitutional if it mirrors the absolute authority it was intended to abolish. The right to use reasonable force to prevent crime and the common law’s ability to void unreasonable laws are essential checks against governmental overreach, ensuring that power remains balanced and just.