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The Forum > Article Comments > High time to reform the High Court selection process. > Comments

High time to reform the High Court selection process. : Comments

By George Williams, published 30/11/2004

Professor George Williams contends that the retirement of Justice McHugh from the High Court should signal reform of the selection process.

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Commonwealth Of Australia Constitution Act
Part V - Powers of the Parliament
51.The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: -
Note: the parliament only has this power subject to the constitution.
Chapter I. The Parliament.
Part I.--General.
1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth
The power to make and inforce.
Part II - The Senate
7. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.
A valid senate would have to be elected!
.
Part III - The House of Representatives
24. The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of senators.
A valid member of the house of representatives would have to be elected!
Hence for the high courts to have there first sitting A valid senate and house of representatives would have to be in place first.
High courts had there first sitting 10 days after the dissalution of an unelected parliament
Part IV - Both Houses of the Parliament
41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.
42. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
43. A member of either House of Parliament shall be incapable of being chosen or of sitting as a member of the other House.
44. Any person who -
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
The allegiance,obedience of present parliamentarians it to their parties first.
The position of prime minister does not exist nor does a cabinet.
Australia is not a sovriegn nation by virtue of the pre amble to the constitution.
What date did Australia become a sovriegn nation???
(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.
45. If a senator or member of the House of Representatives -
(i.) Becomes subject to any of the disabilities mentioned in the last preceding section: or
(ii.) Takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors: or
(iii.) Directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State:
his place shall thereupon become vacant.
46. Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction
Chapter II. The Executive Government.
61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth
Chapter III. The Judicature.
71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes
Chapter V. The States.
109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
The state courts get their authority from 1945 a deceased monarch.Under Brittish law a monarchs authority ceases with him/her.The Australian constitution is an act of Brittish law.

Summary
The parliament of Australia Has /was/ is not in conformity with the constitution.
hence the parliament may not make laws because they need to be subject to the constitution to do so.
The high courts of Australia were never lawfully created according to the constitution,in fact it is /was impossible for the higth courts to have been lawfully created when they had their first sitting 10 days after the dissalution of an unelected parliament.!903.
The state coutrts get their Authority from a deceased monarch.This may not be so.
There is no such thing as a prime minister nor a cabinet in the Australian constitution.

SO WHAT WE HAVE HERE IS A PARLIAMENT IN TREASON.HIGH COURTS THAT ONLY EXIST IN TREASON.sTATE COURTS WITHOUT AUTHORITY AND ACTING UNLAWFULLY.
ANYBODY THAT CAUSES THE CROWN TO ACT UNLAWFULLY IS GUILTY OF TREASON.
tHIS TREASON WAS FIRST STARTED BY GOVENOR GENERAL HOPTOUN AND EDMOND BARTON.BACK IN 1900 AND PERSISTS STILL.
Posted by pirat_59, Thursday, 9 December 2004 8:35:08 AM
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Hey Pirat! The council has fined us for signage. Are you saying that the council has no jurisdiction over signage laws? I would love to hear your comments? colfromqld at hotmail
Posted by LEGENDCOL, Thursday, 13 September 2007 1:10:26 PM
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