8) FEW THOUGHTS ON EXTRA CONSTITUTIONAL SAFEGUARDS FOR THE PEOPLE
In the previous Chapters the Constitutional and legal powers available to the people to get what they want, and to protect themselves against the manipulators of party politics, have been outlined.
The question now arises whether additional Constitutional safeguards are required to further protect the people. In this chapter a few thoughts are advanced.
Clearly, whilst the Commonwealth and State Constitutions give the people the power to have their Lower Houses of Parliament dissolved at any time of the people's choosing, there is presently no authority:-
(a) For the Upper Houses to be sent back to face the electors when they so WILL it.
(b) For any Senator or Legislative Councillor to be forced to face reelection at any time the electors so WILL it.
(c) For any electorate to have its existing Member, Federal or State, sent back to re-contest his seat if a majority of his electors so WILL it.
The inclusion of all three above powers in both Commonwealth and State Constitutions are essential to give the electors even more effective control over their parliamentarians and the machinery of Parliament, and make both more sensitive to the requirements of the people.
To bring any Senator, Legislative Councillor or Member back to face a re-contesting of his seat ought only to require a simple majority of electors in each of the three constitutional areas to inform the Govenor-General or State Governor - which ever is appropriate - that it is MY WILL that "so and so be sent back to recontest his seat in his House of Parliament."
It may be contended that such a constitutional provision would make the Houses of Parliament unworkable because the actions of opposing groups would involve Members and Senators in continuous elections. Such a contention, however, misses the point that electors would not be interested in recalling a Member or Senator who was giving public evidence of faithfully performing his judicially defined legal function and duty. Naturally legal safeguards would have to be included in the Constitutions making it illegal, even an act of conspiracy, for any recall of a Senator or Member to be initiated, organised and or financed from outside the electorate concerned.
In this work it is not intended to go into the question of the actual machinery necessary to allow the electors to replace any Member or Senator whom they have recalled. Rather it is the purpose to raise the point for serious study by the electors themselves as to how they may determine what basic protection changes they want in their Constitutions. Undoubtedly there would be many competent persons who could work out the machinery necessary to give full and proper legal effect to the WILL of the electors in this matter.
Another extremely vital protection element for the people is that no treaties, international conventions or agreements, and the like, should be entered into by Parliament, or by executive action, without the specific consent and authority of the people themselves. This point is raised because such things are agreed to, far too often, without the people having the faintest idea of the direct and indirect legal and other significances and consequences of such actions.
Indeed, few would be the politicians, let alone the people, who would have any conception of the far reaching effects that many such Treaties, agreements and conventions could have upon Australia and the Australian way of life. Under the influence, if not the manipulations, of international interests, theorists and idealists, Ministers of the Crown far too often persuade the legal government and the Houses of Parliament (under party control) to agree to bind the nation and States without the full implications of the legal, political and economic impacts being first thoroughly publicly debated.
Even at this moment of writing there are agreements and conventions afoot of which, in Australia, few indeed have any real knowledge; agreements and conventions that can have far greater impact upon the liberty and way of life in this country than some Ministers would care to fully explain.
The people should also insist that the Commonwealth and State Constitutions be tightened to make it absolutely impossible for Ministers of the Crown and Houses of Parliament to effect, what some would call, snide changes in the Constitutions without a referendum of the people. Those who have made long and deep researches into constitutional law are aware how these changes can be affected without the real understanding of the people and most politicians.
It cannot be denied that this country is suffering from "government by regulation" and many writers have drawn attention to this indisputable fact. In Commonwealth and State Parliaments the volume of legislation which is implimented by subsequent departmental regulations is quite unbelievable. Even during the last War, the noted N.S.W. constitutional authority, Dr. Frank Louatt, K.C., was moved to direct attention to the fact that for every 1000 pages of Acts of Parliaments there were over 5000 pages of regulations.
In their own interests the people should forbid the passing of any legislation which requires departmental regulations to impliment it. If regulations are thought to be required then the parliamentarians, party pressures notwithstanding, must be adamant that the departmental officers seeking those regulations shall be brought before the bar of the House of Parliament and made to publicly prove that such regulation is absolutely vital in the interests of the people.
This Chapter advances but a few thoughts: a few of the many arising from many long years of Constitutional research, coupled with both parliamentary and departmental personal experience. They are offered to stimulate deeper thought and study by the reader of this book.
It has been said of the great Henry Ford_of the "tin lizzy" fame_ that he once stated:-
"It matters not how many degrees you may have after your name, unless you can think, you are uneducated."
The writer hopes that the contents of this book will make you
THINK!
AND THEN ACT.
"BUT THEY SHALL SIT EVERY MAN UNDER HIS VINE AND UNDER HIS FIG TREE; AND NONE SHALL MAKE THEM AFRAID;...."
MICAH I V, iv.
Showing posts with label Minister of the Crown. Show all posts
Showing posts with label Minister of the Crown. Show all posts
Wednesday, February 10, 2010
My Will - Part 7
(7) IS THERE A PRACTICAL ALTERNATIVE TO THE PARTY SYSTEM?
As was stated in Chapter 5:-
"the only true Constitutional and legal reason for the existence, and the only true legal purpose, of the Parliament, the institution of the Monarchy, and the offices of the Governor-General and State Governors - IS TO GIVE THE PEOPLE WHAT THE PEOPLE ASK FOR. NOT WHAT OTHERS THINK THE PEOPLE OUGHT TO HAVE.
Keeping this in mind leads to the logical next step, i.e. to look briefly, but closely, at what the Commonwealth and State Constitutions provide for the establishment and operation of a true democratic Parliament_as previously defined:-
• The Parliament MUST consist of the Queen, or Her Vice Regal representatives, acting in consort with both Houses of the Parliament.
• Including the Senate, but excepting the so-called Upper Houses of the five States, the Constitutions provide that the people shall have the power to elect parliamentary representatives to those other so called Lower Houses.
• The elected representatives have, within limits, the right of laying down rules and procedures for operating their own House of the Parliament and, subject to the boundaries of the respective Commonwealth and State Constitutions (and the judicial interpretations thereof), to enact laws for the order and good government of the people and, where clearly expressed, the written WILL of the people.
• As stated in other chapters, the Queen or Her Representatives have the sole legal right to appoint and dismiss Her Ministers of the Crown.
• If the Houses of the Parliament wish to remove a Minister, the only legal power available to them - short of a special Act of the Parliament to do so - is to petition the Queen or Her Representative to dismiss the Minister or Ministers concerned, and the Queen will do so unless the people ask Her not to do so.
• The removal, or dismissal of a Minister or Ministers does not legally mean the dismissal of a government, for the government is permanently vested in the institution of the Monarchy and the Queen cannot be dismissed unless Her people, i.e., a majority of the electors, request the Queen to divest Herself of ALL AND EVERY POWER AND AUTHORITY WHICH THE MONARCHY HOLDS ENTRUST FOR THE PEOPLE, TO BE USED AS THE PEOPLE DIRECT.
• The removal of Ministers by the Queen, or Her Representatives, only means replacing them with other appointees of the Queen, and has no more legal significance than that. It is only the unwarranted interference of party politics which has given rise to a false understanding of the legal and Constitutional facts.
• Electors, in each electorate, have the legal power to select and elect one Member to the so-called Lower Houses and, in the Federal system, State Senators.
• Upon election, these Members and Senators have the legal power to select and elect their respective Speaker and President and, additionally, to appoint as many standing, or temporary, committees of the House, or Joint House Committees, as they consider necessary within the bounds of the Constitution.
• These committees can hold legal enquiries, command the appearance of any person or persons before them; command the production of any written, printed, typed or photostated material or matter and, generally, commit any person, for contempt of the House to prison, for not longer than the life of that Parliament, i.e., 3 years.
• With proper dignity, and sense of conscience, a Member may speak absolutely freely and fearlessly in his House of Parliament. This right comes down to Parliamentarians from the 'British Petition of Rights' and the 'Bill Of Rights: Both these ancient British quasistatutes are the basis of the judicially defined legal function and duty of a Parliamentarian, as referred to in this work.
• In a correctly functioning Parliament (which no House of Parliament presently is) every Member has the right to ask leave of the House to present a Bill for an Act on any subject matter within the legal boundaries of the Constitution. Although a Member, theoretically, has the right to present a Bill, under the operation of the party system, he is allowed to do so only if the party leaders can see some political mileage for that party in that Bill, to the discomfort of their opponents.
• If he chooses to use them, every Member has unlimited research facilities available to him, both within the Houses of Parliament and within universities, colleges, big and small organisations and so forth. Few of these bodies would not be happy to make their research facilities available to a Member, so it is his own fault if he does not possess a well-informed mind on the various matters coming before him in his House of Parliament.
• In each House of Parliament, the role of House attendants is, within the rules of that House, to assist the Member in every way to fulfil that Member's judicially defined function and duty. The House attendants, in every Parliament in Australia, are an example of the finest service and a credit to themselves and the House they serve.
• Ministers of the Crown, in their paid capacity as administrators of departments of State are legally responsible direct to the Queen, or Her Representative, i.e., the Governor-General or appropriate State Governor. Unless incompatible with the respective Constitutions and Parliamentary legislation, all direction from the Queen must be obeyed by the Ministers who are also legally bound to correctly and properly enforce all legislation relating to their specific department.
• It is not within the Constitutional or legal power of Ministers to determine what business, or order of business, the Houses of the Parliament shall deal with. That is solely in the hands of the Members of each House. Unfortunately party manipulation interferes with the Members direct legal control over their own affairs in their House, and this is a fact that Members of all parties have complained about from time to time but do not exert their legal authority to stop it.
• Through either Mr. Speaker or Mr. President, or both, the Queen or Her Representative may transmit message and requests that the House or Houses amend, reconsider, or introduce any Bill, except in the so-called Upper Houses no Financial Bills shall be initiated in that House.
• If the Queen or Her representative is asked by the Majority of the people to direct either or both Houses to do a lawful thing, then those Houses have no legal alternative than to carry out the clearly expressed written WILL of the people.
• As stated in Chapter 2, the Members of each House are required, within that House, to act with a dignity, decorum and solemnity not less than that of a judge in his court. Members who do not, or who refuse to, act with judge-like solemnity - and few Members do so act - are guilty of a gross violation of their judicially defined function and duty, and of their Oath or Affirmation of Office, and the Speaker or President is equally guilty if he does not, in the strongest terms, and possible lawful ways, strictly enforce that conduct of solemnity amongst the Members.
• The Speaker and the President are the sole direct legal contact between each House of Parliament and the Queen or Her Representatives. Ministers of the Crown illegally usurp the authority of the Speaker and or the President when they try to act as if THEY were the direct contact.
• Contrary to the long-standing cliches, party political and otherwise, Ministers of the Crown are not legally responsible to Parliament or the Houses of the Parliament.
• Parliament, as previously stressed in this work, consists of the Queen, or legal government, and the Houses of Parliament acting in consort. The Queen is the supreme legal government and the Houses of the Parliament are the legislative-forming bodies. The Minister can be legally responsible only to the legal government, that is the Queen or Her appropriate Commonwealth and State Representative.
• Members have complete legal power to bring public servants before the bar of the House for any purpose whenever the House deems it is vital to do so. It is completely outside of the legal jurisdiction of a Minister to direct his departmental officers not to give information to the House when called before the bar of that House. It is only party politics which makes this illegal act of Ministers possible, despite resort to the authority of the Solicitor General and or standing works like "May's Parliamentary Practices". Such authorities are wholly and solely based upon pure party political practices and not upon legal grounds sustainable in court.
• If Members of Parliament really exercised the true legal authority they have to bring top public servants before the bar of the House and make them disclose the real or theoretical basis of much of the advice that these officers give their Ministers, then you would see the beginning of the end of bureaucracy and the emergence of true public service at all levels. It must be obvious to everyone that, because of internal empire-building and internal office and interdepartmental politics Ministers do not always get the impartial factual advice that they are entitled to receive and, of a consequence, many fine departmental officers have to carry a public odium that is not warranted. It is time, therefore, that senior Officers, at least, should be made to carry the full responsibility of the advice they give their Ministers and, from this writer's inside knowledge most such officers would welcome this responsibility.
• The Queen, Her Governor-General and State Governors are directly responsible, not to the Houses of Parliament nor political parties but, to the people in the respective Constitutional areas.
• Except where any Constitution, or a lawful statute within that Constitution, lays down that the Queen - or Her appropriate representative - shall act, in relation to a specified matter, only with the advice of the Executive Council (be it Federal or State) there is no legal compulsion for the Queen to do so. Nor is there any legal compulsion for the Queen or Her Representative to give the Royal Assent to any legislation, unless directed to do so by the clearly expressed written WILL of the people.
• The Federal and State Executive Councils do not legally have to be composed wholly of Ministers of the Crown. This is just a non-legal party political practice to keep party control over the machinery of government and of Parliament. The Commonwealth and State Constitutions all provide that the appropriate Executive Council shall be comprised of all Ministers of the Crown and such other persons whom the Queen, or Her Representative, may care to appoint as advisors in particular subjects or matters.
• The Constitutions of the Commonwealth and State give the Queen, and Her appropriate representatives, the sole power and authority, at anytime of their choosing, to dissolve the so-called Lower House and send those Members back to the electorate. If directed by the written WILL of the people the Queen or Her Representative, MUST dissolve the Lower House.
This is one of the two most vital powers of control over parliamentarians and parliament that the people possess. The other is the power to ask the Queen to give them the specified results they want from the parliamentary machine.
• ALWAYS REMEMBER THIS VITAL FACT: IF IT IS PHYSICALLY POSSIBLE, AND THE MAJORITY OF THE PEOPLE WANT IT, THEN THE QUEEN HAS THE FINAL POWER TO MAKE CERTAIN THAT THE PEOPLE GET WHAT THEY WANT, AND NO COURT WOULD RULE AGAINST THE EXERCISE OF THE QUEEN'S POWER IN THAT RESPECT.
• It is obvious that it is not in the best interests of the political parties, and certain other writers, that you should have the above knowledge; for your understanding of, and use of, that knowledge means the end of party manipulations; the end of Party control over the voice and vote of Members of Parliament, and this is unarguable.
• It is stressed again that it is the lawful duty and obligation of every elector continuously to inform his Federal and State Members of Parliament, and State Senators, of what his WILL is on everything that comes before Parliament or should come before the Houses of the Parliament. In not performing your lawful duty and obligation you are giving Members and Senators a plausible excuse for not carrying out their judicially defined legal duty and legal function, thus enabling party manipulators and controllers to retain their dictatorship over the voices and votes of your Members and Senators and of the machinery of Parliament to to impose their will upon you.
Shorn of all legal jargon, the Constitutions of the Commonwealth and the six Australian States provide for the operation of an almost perfect form of democratic parliament IF YOU, THE PEOPLE, choose to apply the power and authority which those Constitutions give to you.
THE SOLE AND ONLY LEGAL LIMIT TO THE POWER AND AUTHORITY OF THE QUEEN IS THE UNKNOWABLE EXTENT OF WHAT HER PEOPLE, AT ANY TIME OF THEIR CHOOSING, MAY DIRECTLY REQUEST OF HER.
As was stated in Chapter 5:-
"the only true Constitutional and legal reason for the existence, and the only true legal purpose, of the Parliament, the institution of the Monarchy, and the offices of the Governor-General and State Governors - IS TO GIVE THE PEOPLE WHAT THE PEOPLE ASK FOR. NOT WHAT OTHERS THINK THE PEOPLE OUGHT TO HAVE.
Keeping this in mind leads to the logical next step, i.e. to look briefly, but closely, at what the Commonwealth and State Constitutions provide for the establishment and operation of a true democratic Parliament_as previously defined:-
• The Parliament MUST consist of the Queen, or Her Vice Regal representatives, acting in consort with both Houses of the Parliament.
• Including the Senate, but excepting the so-called Upper Houses of the five States, the Constitutions provide that the people shall have the power to elect parliamentary representatives to those other so called Lower Houses.
• The elected representatives have, within limits, the right of laying down rules and procedures for operating their own House of the Parliament and, subject to the boundaries of the respective Commonwealth and State Constitutions (and the judicial interpretations thereof), to enact laws for the order and good government of the people and, where clearly expressed, the written WILL of the people.
• As stated in other chapters, the Queen or Her Representatives have the sole legal right to appoint and dismiss Her Ministers of the Crown.
• If the Houses of the Parliament wish to remove a Minister, the only legal power available to them - short of a special Act of the Parliament to do so - is to petition the Queen or Her Representative to dismiss the Minister or Ministers concerned, and the Queen will do so unless the people ask Her not to do so.
• The removal, or dismissal of a Minister or Ministers does not legally mean the dismissal of a government, for the government is permanently vested in the institution of the Monarchy and the Queen cannot be dismissed unless Her people, i.e., a majority of the electors, request the Queen to divest Herself of ALL AND EVERY POWER AND AUTHORITY WHICH THE MONARCHY HOLDS ENTRUST FOR THE PEOPLE, TO BE USED AS THE PEOPLE DIRECT.
• The removal of Ministers by the Queen, or Her Representatives, only means replacing them with other appointees of the Queen, and has no more legal significance than that. It is only the unwarranted interference of party politics which has given rise to a false understanding of the legal and Constitutional facts.
• Electors, in each electorate, have the legal power to select and elect one Member to the so-called Lower Houses and, in the Federal system, State Senators.
• Upon election, these Members and Senators have the legal power to select and elect their respective Speaker and President and, additionally, to appoint as many standing, or temporary, committees of the House, or Joint House Committees, as they consider necessary within the bounds of the Constitution.
• These committees can hold legal enquiries, command the appearance of any person or persons before them; command the production of any written, printed, typed or photostated material or matter and, generally, commit any person, for contempt of the House to prison, for not longer than the life of that Parliament, i.e., 3 years.
• With proper dignity, and sense of conscience, a Member may speak absolutely freely and fearlessly in his House of Parliament. This right comes down to Parliamentarians from the 'British Petition of Rights' and the 'Bill Of Rights: Both these ancient British quasistatutes are the basis of the judicially defined legal function and duty of a Parliamentarian, as referred to in this work.
• In a correctly functioning Parliament (which no House of Parliament presently is) every Member has the right to ask leave of the House to present a Bill for an Act on any subject matter within the legal boundaries of the Constitution. Although a Member, theoretically, has the right to present a Bill, under the operation of the party system, he is allowed to do so only if the party leaders can see some political mileage for that party in that Bill, to the discomfort of their opponents.
• If he chooses to use them, every Member has unlimited research facilities available to him, both within the Houses of Parliament and within universities, colleges, big and small organisations and so forth. Few of these bodies would not be happy to make their research facilities available to a Member, so it is his own fault if he does not possess a well-informed mind on the various matters coming before him in his House of Parliament.
• In each House of Parliament, the role of House attendants is, within the rules of that House, to assist the Member in every way to fulfil that Member's judicially defined function and duty. The House attendants, in every Parliament in Australia, are an example of the finest service and a credit to themselves and the House they serve.
• Ministers of the Crown, in their paid capacity as administrators of departments of State are legally responsible direct to the Queen, or Her Representative, i.e., the Governor-General or appropriate State Governor. Unless incompatible with the respective Constitutions and Parliamentary legislation, all direction from the Queen must be obeyed by the Ministers who are also legally bound to correctly and properly enforce all legislation relating to their specific department.
• It is not within the Constitutional or legal power of Ministers to determine what business, or order of business, the Houses of the Parliament shall deal with. That is solely in the hands of the Members of each House. Unfortunately party manipulation interferes with the Members direct legal control over their own affairs in their House, and this is a fact that Members of all parties have complained about from time to time but do not exert their legal authority to stop it.
• Through either Mr. Speaker or Mr. President, or both, the Queen or Her Representative may transmit message and requests that the House or Houses amend, reconsider, or introduce any Bill, except in the so-called Upper Houses no Financial Bills shall be initiated in that House.
• If the Queen or Her representative is asked by the Majority of the people to direct either or both Houses to do a lawful thing, then those Houses have no legal alternative than to carry out the clearly expressed written WILL of the people.
• As stated in Chapter 2, the Members of each House are required, within that House, to act with a dignity, decorum and solemnity not less than that of a judge in his court. Members who do not, or who refuse to, act with judge-like solemnity - and few Members do so act - are guilty of a gross violation of their judicially defined function and duty, and of their Oath or Affirmation of Office, and the Speaker or President is equally guilty if he does not, in the strongest terms, and possible lawful ways, strictly enforce that conduct of solemnity amongst the Members.
• The Speaker and the President are the sole direct legal contact between each House of Parliament and the Queen or Her Representatives. Ministers of the Crown illegally usurp the authority of the Speaker and or the President when they try to act as if THEY were the direct contact.
• Contrary to the long-standing cliches, party political and otherwise, Ministers of the Crown are not legally responsible to Parliament or the Houses of the Parliament.
• Parliament, as previously stressed in this work, consists of the Queen, or legal government, and the Houses of Parliament acting in consort. The Queen is the supreme legal government and the Houses of the Parliament are the legislative-forming bodies. The Minister can be legally responsible only to the legal government, that is the Queen or Her appropriate Commonwealth and State Representative.
• Members have complete legal power to bring public servants before the bar of the House for any purpose whenever the House deems it is vital to do so. It is completely outside of the legal jurisdiction of a Minister to direct his departmental officers not to give information to the House when called before the bar of that House. It is only party politics which makes this illegal act of Ministers possible, despite resort to the authority of the Solicitor General and or standing works like "May's Parliamentary Practices". Such authorities are wholly and solely based upon pure party political practices and not upon legal grounds sustainable in court.
• If Members of Parliament really exercised the true legal authority they have to bring top public servants before the bar of the House and make them disclose the real or theoretical basis of much of the advice that these officers give their Ministers, then you would see the beginning of the end of bureaucracy and the emergence of true public service at all levels. It must be obvious to everyone that, because of internal empire-building and internal office and interdepartmental politics Ministers do not always get the impartial factual advice that they are entitled to receive and, of a consequence, many fine departmental officers have to carry a public odium that is not warranted. It is time, therefore, that senior Officers, at least, should be made to carry the full responsibility of the advice they give their Ministers and, from this writer's inside knowledge most such officers would welcome this responsibility.
• The Queen, Her Governor-General and State Governors are directly responsible, not to the Houses of Parliament nor political parties but, to the people in the respective Constitutional areas.
• Except where any Constitution, or a lawful statute within that Constitution, lays down that the Queen - or Her appropriate representative - shall act, in relation to a specified matter, only with the advice of the Executive Council (be it Federal or State) there is no legal compulsion for the Queen to do so. Nor is there any legal compulsion for the Queen or Her Representative to give the Royal Assent to any legislation, unless directed to do so by the clearly expressed written WILL of the people.
• The Federal and State Executive Councils do not legally have to be composed wholly of Ministers of the Crown. This is just a non-legal party political practice to keep party control over the machinery of government and of Parliament. The Commonwealth and State Constitutions all provide that the appropriate Executive Council shall be comprised of all Ministers of the Crown and such other persons whom the Queen, or Her Representative, may care to appoint as advisors in particular subjects or matters.
• The Constitutions of the Commonwealth and State give the Queen, and Her appropriate representatives, the sole power and authority, at anytime of their choosing, to dissolve the so-called Lower House and send those Members back to the electorate. If directed by the written WILL of the people the Queen or Her Representative, MUST dissolve the Lower House.
This is one of the two most vital powers of control over parliamentarians and parliament that the people possess. The other is the power to ask the Queen to give them the specified results they want from the parliamentary machine.
• ALWAYS REMEMBER THIS VITAL FACT: IF IT IS PHYSICALLY POSSIBLE, AND THE MAJORITY OF THE PEOPLE WANT IT, THEN THE QUEEN HAS THE FINAL POWER TO MAKE CERTAIN THAT THE PEOPLE GET WHAT THEY WANT, AND NO COURT WOULD RULE AGAINST THE EXERCISE OF THE QUEEN'S POWER IN THAT RESPECT.
• It is obvious that it is not in the best interests of the political parties, and certain other writers, that you should have the above knowledge; for your understanding of, and use of, that knowledge means the end of party manipulations; the end of Party control over the voice and vote of Members of Parliament, and this is unarguable.
• It is stressed again that it is the lawful duty and obligation of every elector continuously to inform his Federal and State Members of Parliament, and State Senators, of what his WILL is on everything that comes before Parliament or should come before the Houses of the Parliament. In not performing your lawful duty and obligation you are giving Members and Senators a plausible excuse for not carrying out their judicially defined legal duty and legal function, thus enabling party manipulators and controllers to retain their dictatorship over the voices and votes of your Members and Senators and of the machinery of Parliament to to impose their will upon you.
Shorn of all legal jargon, the Constitutions of the Commonwealth and the six Australian States provide for the operation of an almost perfect form of democratic parliament IF YOU, THE PEOPLE, choose to apply the power and authority which those Constitutions give to you.
THE SOLE AND ONLY LEGAL LIMIT TO THE POWER AND AUTHORITY OF THE QUEEN IS THE UNKNOWABLE EXTENT OF WHAT HER PEOPLE, AT ANY TIME OF THEIR CHOOSING, MAY DIRECTLY REQUEST OF HER.
My Will - Part 5
5) WHAT IS THE TRUE LEGAL ROLE OF THE QUEEN AND HER VICE REGAL REPRESENTATIVES?
Over the last few years, as referred to in previous Chapters, there has surfaced the clear lines of what used to be a more subtle underground campaign to mislead the Australian People in accepting the concept that a republic is far superior in every way for Australia; that the monarchy is an out-dated mediaeval idea, having no logical place in modern thinking, whatever that may mean, no real relationship with this nation, and no real power or authority in our Parliamentary system.
YET NOTHING COULD BE FURTHER FROM THE TRUTH!
As stated in Chapter 4:
Whatever it is physically possible to do, and the people want, the Queen has the final legal power to see that they get it, no matter how politicians may protest.
The sole and only legal limit to the power and authority of the Queen is the unknowable extent of what Her people, at any time of their choosing, may directly request of Her.
Put even more simply: the only true Constitutional and legal reason for the existence, and the only true legal purpose, of the Parliament, the institution of the Monarchy, and the offices of the Governor-General and State Governors:-
Is to give the people what the people ask for. Not what others think the people ought to have.
If the Australian people are too lazy and indifferent to ask for what they want, then they can blame only themselves if politicians and political parties impose their own ideologies on them.
It is legally unchallengable that the party system, with its direct and indirect powers of manipulating politicians and people, has quite illegally striven to drive a wedge between the people and the final source of all their Constitutional and legal powers, i.e., the institution of the Monarchy, as a prelude to transferring the unlimited power of that Monarchy into the hands of the controllers and manipulators of political parties, including the final party political control over the Armed Forces of the nation; a control which, at present, is legally vested in the Queen to ensure that, where directly expressed to Her, the WILL of the people shall at all times prevail.
In Chapter 3 it was stressed that Ministers of the Crown are not, and never legally can be, the "Government" of the State or Commonwealth that the Government was legally non-elective, and that an expansion of that statement would be given in this Chapter.
Both the written Constitution of the Commonwealth and the so called unwritten Constitutions of the six Australian States vest the "government" exclusively in the institution of the Monarchy, to be legally exercisable_in almost every case_by the Governor-General in the Commonwealth and the State Governors in the States.
Thus, constitutionally and legally, the Government CANNOT BE ELECTED for it remains permanently embodied in the institution of the Monarchy. It can "govern" only according to the direct or indirect expressed WILL of the people, for that is its legal role as the protector of the people.
The legal WILL of the people can only be expressed in two ways: indirectly through elected Parliamentarians by "MY WILL" letters or directly through the Queen's Vice Regal Representatives likewise. There is no other legal way that that WILL can be expressed. Electing a candidate to Parliament does NOT express it. All that an election does is to put a person into a House of Parliament whom the electors believe will faithfully carry-out the written WILL of the people as and when so expressed.
Over the years the party system has cleverly hidden the fact that the people have the legal freedom at all times to express their WILL direct to the Queen, no matter what politicians and others may try to claim.
The Queen is the permanent "government" with a perpetual "mandate" to govern according to the clearly expressed WILL of the people. It is obvious, then, that no political party can lawfully occupy the Constitutional seat reserved in perpetuity for the Monarchy, no matter what political scientists, text- book writers, academics, politicians, political parties and other theorists may claim.
This writer codified the powers of the Monarchy back in 1941 in the following sentence, and it still stands to be challenged before the High Court, if legal minds feel competent to do so:- "THE POWER, PEROGATIVES AND AUTHORITIES OF THE MONARCHY, THE GOVERNOR-GENERAL, AND STATE GOVERNORS, ARE THE BRAKES WHICH THE AUSTRALIAN PEOPLE CAN APPLY AT ANY HOUR (without having to wait for any general election) TO BRING MINISTERS AND POLITICIANS TO A COMPLETE AND SUDDEN STOP, SO AS TO RECEIVE FROM THEM, THE ELECTORS, EITHER FRESH INSTRUCTION, REPRIMAND, OR DISMISSAL FROM SERVICE. "
Over the last few years, as referred to in previous Chapters, there has surfaced the clear lines of what used to be a more subtle underground campaign to mislead the Australian People in accepting the concept that a republic is far superior in every way for Australia; that the monarchy is an out-dated mediaeval idea, having no logical place in modern thinking, whatever that may mean, no real relationship with this nation, and no real power or authority in our Parliamentary system.
YET NOTHING COULD BE FURTHER FROM THE TRUTH!
As stated in Chapter 4:
Whatever it is physically possible to do, and the people want, the Queen has the final legal power to see that they get it, no matter how politicians may protest.
The sole and only legal limit to the power and authority of the Queen is the unknowable extent of what Her people, at any time of their choosing, may directly request of Her.
Put even more simply: the only true Constitutional and legal reason for the existence, and the only true legal purpose, of the Parliament, the institution of the Monarchy, and the offices of the Governor-General and State Governors:-
Is to give the people what the people ask for. Not what others think the people ought to have.
If the Australian people are too lazy and indifferent to ask for what they want, then they can blame only themselves if politicians and political parties impose their own ideologies on them.
It is legally unchallengable that the party system, with its direct and indirect powers of manipulating politicians and people, has quite illegally striven to drive a wedge between the people and the final source of all their Constitutional and legal powers, i.e., the institution of the Monarchy, as a prelude to transferring the unlimited power of that Monarchy into the hands of the controllers and manipulators of political parties, including the final party political control over the Armed Forces of the nation; a control which, at present, is legally vested in the Queen to ensure that, where directly expressed to Her, the WILL of the people shall at all times prevail.
In Chapter 3 it was stressed that Ministers of the Crown are not, and never legally can be, the "Government" of the State or Commonwealth that the Government was legally non-elective, and that an expansion of that statement would be given in this Chapter.
Both the written Constitution of the Commonwealth and the so called unwritten Constitutions of the six Australian States vest the "government" exclusively in the institution of the Monarchy, to be legally exercisable_in almost every case_by the Governor-General in the Commonwealth and the State Governors in the States.
Thus, constitutionally and legally, the Government CANNOT BE ELECTED for it remains permanently embodied in the institution of the Monarchy. It can "govern" only according to the direct or indirect expressed WILL of the people, for that is its legal role as the protector of the people.
The legal WILL of the people can only be expressed in two ways: indirectly through elected Parliamentarians by "MY WILL" letters or directly through the Queen's Vice Regal Representatives likewise. There is no other legal way that that WILL can be expressed. Electing a candidate to Parliament does NOT express it. All that an election does is to put a person into a House of Parliament whom the electors believe will faithfully carry-out the written WILL of the people as and when so expressed.
Over the years the party system has cleverly hidden the fact that the people have the legal freedom at all times to express their WILL direct to the Queen, no matter what politicians and others may try to claim.
The Queen is the permanent "government" with a perpetual "mandate" to govern according to the clearly expressed WILL of the people. It is obvious, then, that no political party can lawfully occupy the Constitutional seat reserved in perpetuity for the Monarchy, no matter what political scientists, text- book writers, academics, politicians, political parties and other theorists may claim.
This writer codified the powers of the Monarchy back in 1941 in the following sentence, and it still stands to be challenged before the High Court, if legal minds feel competent to do so:- "THE POWER, PEROGATIVES AND AUTHORITIES OF THE MONARCHY, THE GOVERNOR-GENERAL, AND STATE GOVERNORS, ARE THE BRAKES WHICH THE AUSTRALIAN PEOPLE CAN APPLY AT ANY HOUR (without having to wait for any general election) TO BRING MINISTERS AND POLITICIANS TO A COMPLETE AND SUDDEN STOP, SO AS TO RECEIVE FROM THEM, THE ELECTORS, EITHER FRESH INSTRUCTION, REPRIMAND, OR DISMISSAL FROM SERVICE. "
My Will - Part 3
3) WHAT IS THE LEGAL FUNCTION AND DUTY OF A MINISTER OF THE CROWN?
Over the years you have been encouraged to believe, quite incorrectly, that:-
Ministers of the Crown are the government.
Legally they are not.
The party with the greatest support in Parliament has the right to become the government and to appoint its own Ministers to govern the State or Commonwealth.
Legally this is not so.
Ministers of the Crown are responsible to Parliament and, through Parliament, to the People.
Legally this is not so.
The Ministers of the Crown, or government, have been elected with a mandate from the People; a mandate to carry out the entire policy and platform of the party (platforms which the majority of electors have never seen, let alone studied).
Legally this is quite false.
Not one of the above beliefs could withstand constitutional challenge in the Courts. They are wholly and solely political party propaganda without one scintilla of Constitutional and legal truth. They are party political practices developed to suit political parties and have no legal connection with the Commonwealth and State Constitutions. They are falsely called "conventions of the constitution"
Ministers of the Crown ARE NOT and LEGALLY NEVER CAN BE the government, for, as will be shown in later Chapters, the TRUE LEGAL GOVERNMENT is non-elective, residing in perpetuity in the institution of the Monarchy and is exercised, for the Monarchy, by the Governor-General in the Commonwealth, and State Governors in the States.
That is precisely, and legally, what the words "Governor-General" and "Governor" mean:
ONE WHO LEGALLY GOVERNS
Ministers of the Crown are not legally nor constitutionally responsible to the Houses of the Parliament nor to the people. They are solely responsible to the Queen through the offices of Governor-General and or State Governors, as the case may be.
Consequently, Ministers of the Crown can have no mandate of any kind from the people, neither can the political party which claims, quite legally wrongly, to appoint them. Any such claims are pure party propaganda with no legal basis whatever.
Irrespective of whether they be Federal or State Ministers of the Crown they have precisely ONE LEGAL FUNCTION and one LEGAL DUTY:-
(a) Their legal function is to administer departments of State on behalf of the Queen and in accordance with parliamentary legislation relating to their specific department.
(b) For this legal function they are paid salaries out of Crown revenue and, like other departmental officers, they are paid servants of the Crown, excepting that other paid public servants are generally secure in their appointment until retirement whilst Ministers are wholly dependent upon the Monarchy (through its Representatives) and can be dismissed at will by that Monarchy.
(c) The legal DUTY of the Ministers of the Crown is that, by virtue of being Ministers, they become AUTOMATICALLY honorary advisors, to the Queen through Her Representatives.
(d) As honorary advisors they AUTOMATICALLY are Members of the Executive Council (State or Federal) which is set up by the Constitutions to give advice to the Queen, or legal government of the Commonwealth or the State.
As already stressed above, Ministers of the Crown are the paid legal servants of the permanent government, and their legal responsibility is directly, and can only be, to that legal government and to no one else.
On the other hand, the permanent legal government or Monarchy IS WHOLLY AND SOLELY LEGALLY RESPONSIBLE DIRECTLY TO THE PEOPLE, AND TO NO ONE ELSE. But this vital knowledge has, for party political purposes, been carefully kept from the Australian People. This is why the People do not realise, and have no real knowledge of, the full significance of what the institution of the Monarchy legally means in their daily lives. This will be explained in further Chapters.
A Prime Minister, or Premier, or Minister, who claims to speak as the government, without first stating that he "is authorised by Her Majesty's Government"- Commonwealth or State as the case may be- is, whether he realises it or not, making a legally false claim.
Under Commonwealth and State Constitutions ALL MINISTERS of the Crown STAND EQUAL TO EACH OTHER IN LAW, none is subordinate to the other, all are equal before Her Majesty. Thus, in cold hard legal law, no Prime Minister or State Premier has any legal power of control over the other ministers, unless a specific Act of Parliament gives him that control for specific purposes AND ONLY for that purpose.
The correct legal role of a Minister of the Crown is that he can only speak as a Minister of State in relation to his department. He speaks as the paid public head administrator of his department and in no other capacity.
Under the non-legal practices of party politics, Ministers are in consistent breach of their true legal role when they claim to speak for "the government" or as "my government".
Over the years you have been encouraged to believe, quite incorrectly, that:-
Ministers of the Crown are the government.
Legally they are not.
The party with the greatest support in Parliament has the right to become the government and to appoint its own Ministers to govern the State or Commonwealth.
Legally this is not so.
Ministers of the Crown are responsible to Parliament and, through Parliament, to the People.
Legally this is not so.
The Ministers of the Crown, or government, have been elected with a mandate from the People; a mandate to carry out the entire policy and platform of the party (platforms which the majority of electors have never seen, let alone studied).
Legally this is quite false.
Not one of the above beliefs could withstand constitutional challenge in the Courts. They are wholly and solely political party propaganda without one scintilla of Constitutional and legal truth. They are party political practices developed to suit political parties and have no legal connection with the Commonwealth and State Constitutions. They are falsely called "conventions of the constitution"
Ministers of the Crown ARE NOT and LEGALLY NEVER CAN BE the government, for, as will be shown in later Chapters, the TRUE LEGAL GOVERNMENT is non-elective, residing in perpetuity in the institution of the Monarchy and is exercised, for the Monarchy, by the Governor-General in the Commonwealth, and State Governors in the States.
That is precisely, and legally, what the words "Governor-General" and "Governor" mean:
ONE WHO LEGALLY GOVERNS
Ministers of the Crown are not legally nor constitutionally responsible to the Houses of the Parliament nor to the people. They are solely responsible to the Queen through the offices of Governor-General and or State Governors, as the case may be.
Consequently, Ministers of the Crown can have no mandate of any kind from the people, neither can the political party which claims, quite legally wrongly, to appoint them. Any such claims are pure party propaganda with no legal basis whatever.
Irrespective of whether they be Federal or State Ministers of the Crown they have precisely ONE LEGAL FUNCTION and one LEGAL DUTY:-
(a) Their legal function is to administer departments of State on behalf of the Queen and in accordance with parliamentary legislation relating to their specific department.
(b) For this legal function they are paid salaries out of Crown revenue and, like other departmental officers, they are paid servants of the Crown, excepting that other paid public servants are generally secure in their appointment until retirement whilst Ministers are wholly dependent upon the Monarchy (through its Representatives) and can be dismissed at will by that Monarchy.
(c) The legal DUTY of the Ministers of the Crown is that, by virtue of being Ministers, they become AUTOMATICALLY honorary advisors, to the Queen through Her Representatives.
(d) As honorary advisors they AUTOMATICALLY are Members of the Executive Council (State or Federal) which is set up by the Constitutions to give advice to the Queen, or legal government of the Commonwealth or the State.
As already stressed above, Ministers of the Crown are the paid legal servants of the permanent government, and their legal responsibility is directly, and can only be, to that legal government and to no one else.
On the other hand, the permanent legal government or Monarchy IS WHOLLY AND SOLELY LEGALLY RESPONSIBLE DIRECTLY TO THE PEOPLE, AND TO NO ONE ELSE. But this vital knowledge has, for party political purposes, been carefully kept from the Australian People. This is why the People do not realise, and have no real knowledge of, the full significance of what the institution of the Monarchy legally means in their daily lives. This will be explained in further Chapters.
A Prime Minister, or Premier, or Minister, who claims to speak as the government, without first stating that he "is authorised by Her Majesty's Government"- Commonwealth or State as the case may be- is, whether he realises it or not, making a legally false claim.
Under Commonwealth and State Constitutions ALL MINISTERS of the Crown STAND EQUAL TO EACH OTHER IN LAW, none is subordinate to the other, all are equal before Her Majesty. Thus, in cold hard legal law, no Prime Minister or State Premier has any legal power of control over the other ministers, unless a specific Act of Parliament gives him that control for specific purposes AND ONLY for that purpose.
The correct legal role of a Minister of the Crown is that he can only speak as a Minister of State in relation to his department. He speaks as the paid public head administrator of his department and in no other capacity.
Under the non-legal practices of party politics, Ministers are in consistent breach of their true legal role when they claim to speak for "the government" or as "my government".
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