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Returning to a secret country : Comments
By John Pilger, published 4/12/2009Australia must summon the moral and political imagination to offer its first people a genuine treaty; and respect.
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Posted by DreamOn, Saturday, 12 December 2009 11:46:19 AM
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So referring back to point 29. of the *Eddie "Koiki" Mabo* case, whilst the high court may be restricted, *Lizzie Winza* of course is not, and thus the significance of "Appeals to Queen in Council" as enshrined in the australian constitution and also its non constitutional closure by way of the australia act.
http://www.comlaw.gov.au/comlaw/comlaw.nsf/0/19541afd497bc2e4ca256f990081e2cf/$FILE/Constitution.pdf Chapter III – The Judicature 74 Appeal to Queen in Council No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty’s pleasure. .. So, for arguments sake, given that their was no official conquest, no treaty, actual people (no not animals) and quite clearly non acceptance of the settlers as evidenced by Yagan's severed head, *Lizzie* in council could exercise her authority to instruct the guvment to right the wrongs of the past and present, recognise the various Sovereignties of the Original people and create a TREATY in accordance with Her Pleasure. Posted by DreamOn, Sunday, 13 December 2009 3:50:08 PM
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But the guvment gremlins from australia conspired with their counter parts in england to invalidate this mechanism of appeal by having them write up the Australia Act, which apparently some are of the opinion trumps the Australian "Clayton's" Constitution:
Australia Act 1986 No. 142, 1985 .. 11 Termination of appeals to Her Majesty in Council (1) Subject to subsection (4) below, no appeal to Her Majesty in Council lies or shall be brought, whether by leave or special leave of any court or of Her Majesty in Council or otherwise, and whether by virtue of any Act of the Parliament of the United Kingdom, the Royal Prerogative or otherwise, from or in respect of any decision of an Australian court. ... .. But of course, this constitutional change was not effected by: http://www.comlaw.gov.au/comlaw/comlaw.nsf/0/19541afd497bc2e4ca256f990081e2cf/$FILE/Constitution.pdf Chapter VIII – Alteration of the Constitution 128 Mode of altering the Constitution This Constitution shall not be altered except in the following manner: The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives. ... .. So, as much as I am a Republican, I more and more come to feel that it is more important for the Original People to have their day with *Lizzie in Council* before any new era. And of course, she has little to worry about, as any trouble from the red knecked race scientists and she can cut loose *Harry PotHead and the Line of Death* (Snicker, snicker) Whilst I am no monarchist, anyone who speaks up against the gross waste of funds by so called charities as well as speaking against the use of australian resource made by red chinese into arms to be used against our own troops, is worthy of a bit of respect and admiration, in my not so humble opinion. Posted by DreamOn, Sunday, 13 December 2009 4:12:03 PM
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All of these Aboriginal uni graduates that have been spoken about, what is there role in doing something for their country men.
That is a hard ask, because they are tribal. They are not one voice, in fact they cannot understand each other. The educated white Aboriginals use the education to better themselves, and good luck to them. I have never seen a real Aborigional, uncomtaminated with white blood,go through any kind of school from start to finish. If schooling were enforced away from their elders we would not have a problem. Posted by Desmond, Sunday, 13 December 2009 4:58:34 PM
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scratch my head if i can think of a whitefella
who can read bush like a black. the scholars who've achieved use their skills to live culture just like whitefellas. Posted by whistler, Sunday, 13 December 2009 9:23:07 PM
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24. The defendant's submission is founded on propositions that were stated in cases arising from the acquisition of other colonial territory by the Imperial Crown. Although there are differences which might be said to distinguish the Murray Islands and the Meriam people of 1879 from other colonial territories and their indigenous inhabitants when those territories respectively became British colonies, the propositions on which the defendant seeks to rely have been expressed to apply universally to all colonial territories "settled" by British subjects. Assuming that the Murray Islands were acquired as a "settled" colony (for sovereignty was not acquired by the Crown either by conquest or by cession) …
…OH REALLY!?
12. In September 1879, Captain Pennefather on the instructions of H.M. Chester visited the Murray Islands where (as he reported) he "mustered the natives" and informed them "that they would be held amenable to British law now the island was annexed".
B.S. Stories:
20. Without pausing to enquire into the legal support for the "system of self-government" instituted by Douglas or for the jurisdiction of the Island Court, it appears that the Meriam people came peacefully to accept a large measure of control by Queensland authorities and that officials of the Queensland Government became accustomed to exercise administrative authority over the Murray Islands. Formal annexation had been followed by an effective exercise of administrative power by the Government of Queensland.