October 24, 2011 - Consent to be Governed

Consent to be Governed
An interesting point comes out of an article on the legality of the American Declaration of Independence:

Under basic principles of "Natural Law", government can only be by the consent of the people and there comes a point when allegiance is no longer required in face of tyranny.

In the document ‘Reference re Secession of Quebec’ the Supreme Court of Canada stated:

“The consent of the governed is a value that is basic to our understanding of a free and democratic society.”

Where does consent come into play in our "free and democratic society"?  

Do the rule of law and the courts, together, not have an obligation to protect the rights of those who do not consent from the opinion of  'the public,' defined as consisting of:

“...that vast multitude which includes the ignorant, the unthinking, and the credulous.” R. v. Imperial Tobacco Prods. Ltd., [1971] 3 C.P.R.2d 178, 195 (Alta. C.A.)

Regardless of politics or the courts, the rights of all human individuals are inalienable—beyond the legitimate influence of politicians.

As it appears today, any body politic can pen a by-law or statute which is considered automatically binding on those who had no opportunity to deny consent, and in disregard of the rights of the individual. Is it assumed to be binding or have we degraded to the place where we are considered slaves—without consent or rights?

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