Those of us who are critical of the handling of Covid in Australia have been presented with a different opinion on who is to blame. While most of us blame state premiers for imposing lockdowns and performing petty tyrannies, law professor James Allan blames the Prime Minister. Allan believes that there is a misunderstanding of the “state of today’s Australian federalism, and he makes the following points to back his views.

Section 51 of the Constitution supplies the powers “explicitly” given to the Federal Government. One such is ‘quarantine’. “It’s a good bet ScoMo could take over lockdown matters under the ‘quarantine’ power”, writes Professor Allan. Morrison failed to do that.

There is no ‘National Cabinet’ in the Constitution. We have “real cabinet government, with members of the real Cabinet being MPs in the federal government”. Allan says that Morrison made up this previously unheard of National Cabinet “out of thin air”. Why? The Professor amidst it’s speculative, but he thinks that Morrison wanted to “share responsibility for the hard decisions” that would need to be made. The PM could not be called a “brave man”.

Section 92 of the Constitution. It is still “a very open question whether the premiers … have the power …. of closing borders”. Morrison did not take the states to the High Court. He “flat out acquiesced in those state border closures”. Yes, the HC knocked Clive Palmer back, but “equivocated”, leaving open the possibility of a different result in the future. James Allan thinks that, as the federal government didn’t have the spine to challenge the states, why bother: particularly when the PM had already sided with the states.

The federal government could have controlled the states because Canberra controls all the money.

There are, according to our expert , other constitutional weapons Morrison could have used; but, as he can’t even summon up the ‘gumption’ to criticise Andrews, the PM is as responsible as anyone for the despotic lockdowns. If you think otherwise, you are confusing cowardice and lack of principle with constitutional incompetence.

The COVID pandemic demonstrated that when real trouble strikes, each state is on its own, for better or worse. The premiers did a good job overall, but this ignorant Scomo was only disturbing their important work, running between their legs and wagging his tail pretending he was doing something useful.

Why do we still allow this grotesque commonwealth thing to exist?

I'm not well versed on all the laws;
But in my mind its the states job to run the states and the governments job to run the country.
Given that the contagion came from outside the country ie a national problem, then it was federal governments job to protect the country from it.

Everything that happened is because of a failure of quarantine.
The whole country had to live under restrictions, all of us had to be quarantined with masks etc.
and lockdowns within the country (instead of lockouts of the country or offshore quarantine)
- because of that failure.

So yes I absolutely think it was Scomos fault.
That said Scomo may have shared the responsibilty with them when he should've taken more charge of the situation himself; but in my opinion many of them failed as well.

Only the ones who kept their states free from covid and proetected the community at large deserve any gratitude.
The rest, well they failed the country when it counted.

Why has Melbourne been in lockdown for almost a year
Whilst QLD and WA and TAS we've all continued on with mimimal disruptions.

Now under the living with covid plan, all the hard work the good states did is going to waste at the expense of the states that failed.
The whole nation has to pay for the failures of a few states;
- And that again makes the whole things Scomos failure and poor management.

Both Scomo and Trump both thought discretion and a coordination role was the best course for managing the situation. There have been cases in the US from memory where Trump had conflict with Democrat Governor's and it hasn't worked out well- perhaps Trump was thinking about the elections. It looks as though Morrison is going to elections before Andrews next year. The use of the military on Australian soil is only warranted in the case of a terrorist attack- re- Military Callout 2000 legislation- constitutionally military can only be deployed on Australian soil with the support of the states- but British law and the Queen's prerogative over the military applies in certain contexts. It's generally considered bad form to use the military for policing- as they are trained to kill not keep the peace- but in the case of Victoria it seems that the military would have done a better job.

I saw a sickening video of a police officer hip throwing a person on the concrete on his head. I feel sorry for the people of Victoria.

Of course this is just one of the issues to consider in the current situation.

Thanks ttbn for raising some interesting items of law

I agree with ttbn that there are fundamental issues with the Liberal Party and Prime Minister Scott Morrison in particular that are inconsistent with the interest of British Australian's- mostly however they are better than the Labor Party. What is really required is to create a party that is Pro-British Australian.

"Why do we still allow this grotesque commonwealth thing to exist?, asks Yuyutsu.

It's called a Federation. That's what Australia is: a Federation. We have a written Constitution, which I believe has been broken, if what James Allan says is correct. He is a law professor. Actual Constitutional lawyer, David Flint has been saying damning things about politicians' seeming disregard for the Constitution for a long time.

Dear Ttbn,

«It's called a Federation. That's what Australia is: a Federation.»

Yes, but what a big mistake!

It is ridiculous being ruled from 1000's of kilometers away, by people whom you never met or chosen and are most unlikely to ever meet you face to face.

The smaller the independent state, the more control its people have over the laws, constitution, regulations and policies the govern their life. The more states there are, that creates a positive competition between them over personal freedoms, for if one feels too oppressed in one, then they can move to another.

Defense of the continent can still be conducted by international agreements like NATO, a common currency can still be available like the EURO and free movement of people and trade can still apply like in the EU.

I really don't think it's anybody's fault.

In March last year the world was hit with the first Covid 19 Cases. Most World Leaders thought that it's just another Swine/Chook/Dog Flu, as I did.

Then came the realization, all over the World that this one was a particularly bad one. Basic Measures were taken by all Leaders all over the World. Then the realization that it was the equivalent of the Spanish Flu, but potentially worse. By now 3 months are up.

Some Leaders panicked; some still did nothing. Our PM tried to do something but came up against all sorts of opposition. And still does. The ALP took advantage of this & poured Shite on the LNP as hard & as fast as they could, & still do. (Elections coming up)

The States. What a mess that is.
A Labor Government in Victoria that virtually refused to do anything & the LNP poured Shite on them for their inaction.
The LNP Government in NSW trying to do something, but wandering around in the dark. All the time being Shat-on by the ALP.
The Labor Government in Queensland Did something & were slagged off relentlessly by the LNP.
Each State's opposition haranguing the Sitting Government for doing what they are doing whatever it is.

Is there a pattern here? You can bet your life there is. The Incumbent Government of whatever persuasion is to try to control the Covid 19 situation with whatever knowledge they have at hand at the moment. Which wasn't & still isn’t much. The Scientist around the World were just as perplexed as the rest of us.

Then, of course there are the usual agitators, the very same ones that turn up to whatever they can to demonstrate against whateve

So here we are 19 Months down the track. The Chemical Companies have been showered with money to come up with a Vaccine & they have. It took nearly 9 months for them to start some sort of experimentation. Dozens of trials to come up with about 3, maybe 4 that work. Unprecedented for these Companies to have a Vaccine out that quickly.

Which makes me think, if they can do it with Covid 19 what about all the other illness they’ve been working on for the last Century & still haven’t got anything, only maybe something in another 5 years every 5 years.

But I digress. Sorry.

Now that there are working Vaccines the same agitators are out in force against it. Even denying the very existence of the Wu Flu.

Now that the doses are being distributed the cry is there is not enough, the supply is too slow & it’s the XXX Governments fault. The same cry all over the World.

The Manufacture didn’t start until April/May this year. There are about 9 billion People in the World who all need, at least 2 doses each. That’s 18 billion Doses that need to be Manufactured. I should imagine that they are working as hard & as fast as they can.
Firstly, they have to grow the Vaccine, then Test each Batch. You would want it tested, wouldn’t you?
Secondly, it has to be bottled. Bottles, Machinery & more involved.
Thirdly distributed to Countries.
Fourthly, distributed out to the people.
Cont

Then comes the fight over just who is going to give the injection. I imagine the AMA got it’s nose in here & demanded that only qualified Doctors give it out at $80 a visit they stand to make a killing. Well, wasn’t that a farse. Going to the Doctor. One ¼ hour Consultation at $80 each. No wonder the number of people receiving their first dose was slow.

Going overseas in the Army the Medic (Not doctors) gave out 1400+ Soldiers 4 or 5 needles in about 10 hours. Smallpox, Yellow Fever & more. I was one of them. 1967, 700 soldiers, 600 wives & umpteen Kids, all done in one day to go to Malaysia.

Finally, they got some sense & started mass Vaccination Centres & the Doctors are complaining that they are losing money.

So, who is to blame for the slow turn out?

Agitators & Opposition Politicians, that’s who.

Go get yourself Vaccinated & whinge about it later.

Well, that looks like I put an end to that really quickly. Ay

Jayb said-

"The Scientist around the World were just as perplexed as the rest of us."

Answer- This appears to be correct. Still believe that more could have been done to shut out the new strains by having much stricter controls over people moving across the national borders- but the globalists didn't want to "act" for their own selfish reasons. It's frustrating to see an emerging situation and watching the authorities do the wrong things.

In his most recent regular article, constitutional lawyer Professor David Flint has confirmed that Morrison has sufficient power to block any of the lockdowns. Instead, he walked out of the case concerning border closures, leaving Clive Palmer to fight it alone. The fact is, the premiers are able to behave like dictators because the Prime Minister lets them.