Showing posts with label referendum. Show all posts
Showing posts with label referendum. Show all posts

Sunday, January 10, 2010

An Overview of the Brigalow Corp Takeover of Australia

The Queensland Constitution 2001 / The Brigalow Corporation /
The Removal of all Ownership Rights in QLD & all other states of Australia
.

GOVERNOR OF QUEENSLAND

1. Queensland Constitution 1867 was reframed with 114 Changes, 131 Additions and 116 Deletions.
2. January 1998, QLD National Party documented a move to place the QLD Governor in the Government as a Parliamentary Secretary under the QLD Constitution 1867 / Constitution (Parliamentary Secretaries) Act ©The State of QLD 1996.
3. This became official January 29 1999, the same day the QLD Constitution 1867 was reprinted.
4. Thus the Governor was no longer a sworn representative of Her Majesty Queen Elizabeth II, but a Public Servant of the QLD Government.
5. He was still using the Public Seal of the State on behalf of the Premier and Parliament of QLD and maintained the appearance of the Governor to the Sovereign People of the State.

CROWN IN QUEENSLAND (& AUSTRALIA)

1. In 1973, Gough Whitlam brought in the Queen of Australia through the adoption of the Royal & Parliamentary Titles Act 1927
2. This removed Queen Elizabeth II, Her Heirs and Assigns as enshrined in the Commonwealth of Australian Constitution Act (UK) 1900 and replaced the Crown with the Queen of Australia.
3. On the 19 December 1973, the Whitlam Government also removed the Great Seal of Britain from use and replaced it with the Great Seal of Australia.
4. In 1986, Bob Hawke brought in the Australia Act.
5. This is the Constitution of the new Parliament of Australia.
6. This is not the Commonwealth of Australia Constitution 1900 of the People.
7. This act removed the ability of the UK Parliament to make laws for Australia, making Britain a foreign country. This was defined by the High Court in the case Sue v Hill 1999.

THE BRIGALOW CORPORATION & PRIVATE LAND OWNERSHIP

1. During the early 1990’s all important and relevant Acts were changed and framed, but were adjourned without a definite date of reprinting.
2. On 3 December 2001, the Queensland Constitution 2001 came into being.
3. On this day, this ACT became the “Fundamental Law of QLD”.
4. 7 June 2002, all the framed Acts were reprinted and became law.
5. QLD then became, at the completion of these matters, without the assent of any of the laws by the Crown or Her Representative, an independent sovereign State and fractured the common law and the separation of powers in that state.
6. 15 July 2002, The Corporations (Q) Act 1990 (Q) Reprint No 3 created in QLD a Corporate Government.
The State of Queensland Australia is registered with the US Securities and Exchange Commissions under No. 0001244818.
7. The Queensland Treasury Corp is registered under No. 0000852555.
8. The old crowns lands act (Qld) was converted to the Land Act 1994 (Qld), and at section 4(1) the Land Administration Commission was renamed Brigalow Corporation.
9. The Land Act 1994 – Reprint No 10c, Part 7A, Section 506C states that the Corporation (Brigalow Corp) represents the Crown.
10. Culminating in the Beattie Govt introduction of the QLD Constitution 2001, QLD government administrations had reworked backward every piece of Federal and state legislation, removing any connection to and mention of Her Majesty Queen Elizabeth II, British law and the Royal Seal of England.
11. These acts were then reworked forward, replacing the removed elements with the Queen of Australia (as created by the Whitlam Govt in 1973) and the Great Seal of both Australia and QLD.
12. This means that the legislation contained in those acts are now “governed” by the government of those Seals, not the government of the Commonwealth of Australia Constitution 1900.
13. The Australia Waste Lands Act 1855 was reprinted in 1996 under the Seal of QLD, and because the Queen of Australia was also now sealed with the Seal of QLD, this effectively created a QLD “ownership” of all Crown land in Australia.
14. And as the introduction of the Corporations (Q) Act 1900 (Q) Reprint No 3 had created a Corporate Govt, this effectively meant all Crown land “ownership” was now under the control of the Qld Corporation, known as the Brigalow Corp.
15. All Crown land, assets and infrastructure in Australia including schools, hospitals, roads, etc are subject to and responsible to the Ministers of the State of QLD as cited at Chapter III of the QLD Constitution 2001.
16. All Sovereign People are now persons under the Corporation, All persons are chattel ( a piece of property that is moveable).
17. Their land, bank accounts and all items of ownership are now assets under the Brigalow Corporation.
18. The Supreme Court, the District Courts and the Magistrate’s Courts are now inside the Parliament of the State of QLD, and as such must obey the QLD Constitution 2001.
19. The Australian Constitution, the Common Law & Equity, the High Court and the Federal Government no longer have any superior governance over the State of QLD.
20. The State of QLD and the Sovereign People of QLD have only Civil and Statute Law in this state.
21. As private ownership can not exist under Civil and Statute Law, all private equity and inheritance in the State is now the property of “the State”.

LEGAL STRUCTURE

1. Under the civil law system, which is now subject to the Uniform Civil Procedures Rules of the Supreme Court Act 1991(Qld), every person is guilty until they prove their innocence.
2. The Common Law has been repealed from the Supreme Court Act 1995 (Q), Reprint No. 2, reprinted as in force 2 March 2001 © State of Q 2001
3. This states that the Governor in Council may make rules of court under this act for the Supreme Court, District court, Magistrates Court, registries and other matters mentioned in Schedule 1
4. Schedule 1 has jurisdiction over the civil, criminal and appellate courts, Parties & Proceedings, Defence, Service of Documents, Pleadings, Disclosure, Preservation of Rights & Property, Ending Proceedings Early, Court Supervision, Evidence, Jurisdiction of Judicial Registrars, Trails & Other Hearings, Particular Proceedings, probate, Contempt of Court, Vexatious Proceedings, Trusts, Costs, Appeals etc, Money Orders Enforcement, Foreign Judgment Enforcements, Corporations, Miscellaneous.
5. Therefore the Governor in Council now makes all the Rules of the Court for these matters.
6. The Queensland Constitution 2001 Chapters 1 & 2 refer to the Legislative Assembly and the Governor. In Chapter 3, Part 1, sect 27 – “The Governor in Council is the Governor acting with the advice of Executive Council.”
7. Sect 30 – “The Constitution Act 1867 contains provisions about the office of Governor. At Chapter 3, Part 4, sect 48, those “appointed as members…by the Governor…..”
8. This Executive council is given separate law makings Powers of the State at Chapter 3, Part 5, Sect 51, where is states, the Executive Government of the State of QLD (the “State) = The State may exercise its powers……
9. In Chapter 3, Part 5, Sect 55 (1) – “A minister may delegate a power of the State to an appropriately qualified officer of the State.” (“officer of the state” means – a chief executive………………….)
10. Therefore the Premier of QLD must always be the leader of the Executive Body and is now the Executive Leader of the Parliament of QLD.
11. Simply put – the Premier is delegated the power through his role as Chief Executive. This power controls the Executive Government of QLD. The Governor acts on the advice of the Executive Government.
12. Therefore the Premier is now the “Crown” in Queensland.

QUEENSLAND GOVERNMENT ADMINISTRATION

1. All government tiers, including Local Council are now inside the Parliament of the State of QLD.
2. The public officials are not public officials of “the Crown” but public officials of “the State” of QLD

THE PEOPLE OF THE COMMONWEALTH

1. The British colonies in Australia were all independent, under military law.
2. In 1885, the independent states had interstate agreements for trade, etc under the Federal Councils of Australasia Act 1855.
3. As free settlers began to grow, the People decided to unite under 1 form of government.
4. 10 years of conventions and referendums culminated in the Draft Constitution of the People which went to England for ratification.
5. On July 9 1900, Queen Victoria signed the amended draft Constitution and returned it to Australia.
6. At this point a final referendum was required to acquire the agreement of the people to this amended Constitution.
7. This was not done, the heads of each independent colony instead agreed FOR AND ON BEHALF of the People.
8. The Commonwealth of Australia Constitution Act 1900 (UK) was the result, brought into Australian law on 1 January 1901.
9. The first 8 clauses are British law.
10. The Commonwealth of Australia Constitution starts at clause 9.
11. The Constitution lays out the rules and regulations under which Parliament may administer government to the People.
12. There are no entities known as a Prime Minister or a Premier to be found in the Act to Constitute the Commonwealth of Australia 1900 (UK).
13. As the Preamble states, the People agreed to be united under one indissoluble Commonwealth.
14. Therefore the people are the Commonwealth.
15. The Commonwealth is defined in the Constitution as a State.
16. Therefore the People of the Commonwealth are their “own” state.
17. Section 117 states, verbatim, that the People governed by the Queen (of the Constitution), and members of a state (of the Commonwealth), cannot have their rights removed by another state (that perhaps being the state they physically live in), WITHOUT
18. Section 128 – A REFERENDUM
19. There has been no Referendum of the Sovereign People to approve any of these moves. This means they are Ultra vires, an act beyond the powers or authority of the government.

It appears that the Commonwealth of Australia Constitution Act (UK) 1900, ratified on 1 January 1901 is an act of the heads of the independent colonies of the Australian dominion, which means that the Constitution of the People is still a draft document.

As the people had formally agreed to this document, all state and federal government in Australia are in fact, a foreign entity to the rights of the people of the Commonwealth.

As our land ownership is a Deed in Trust and Equity with the Queen of the Commonwealth of Australia Constitution (UK) 1900, a foreign government has no lawful right to step inside that Deed and remove rights inherent in it.

In order to do so, government have created registration processes that manipulate our agreement. They have also created a new jurisdiction known as the Environment, with which they have enslaved the People as a plural, thereby creating legislation which enforces the People as an individual.

However, they have not asked our permission to create the form of government under which they now legislate OVER the People.

QLD Public Letters of Support to the High Court

February 4 2010 - THANK YOU TO EVERYONE WHO SUPPORTED THIS MATTER WITH LETTERS AND DONATIONS.

PLEASE DO NOT SEND ANY MORE LETTERS.

The EnviroWild Team is asking for support with our lodgement in the High Court in January, asking the Justices to ask the Premier of QLD to answer the Demand Questions.

Following is the letter we are asking the People of QLD to sign and return to us.

Fax to (07) 4096 2641

The cost of High Court cases are massive, please donate $165 (incl GST) per family OR $110 (incl GST) per individual.

Either as a postal order, a cheque or into the following account Envirowild Pty Ltd
NAB
BSB: 084 512 Account No: 79847 1759




Name ………………...…………………………………………………….


Residential Address ……..………………………………………………………………..


………………………………………………………………………


Postal Address ………………………...…………………………………………….


………………………………………………………………………



I am a sovereign person and an entity inside the
Commonwealth of Australia Constitution Act 1900 (UK) of 9th July 1900 and the
Commonwealth of Australia Constitution Act 1901 proclaimed on the 1st January 1901.

I, along with all the other sovereign people inside the Constitution as in its Preamble, am an equal shareholder of all the assets of the Commonwealth of Australia, those assets being currently held under the Corporations Act 2001 (C’wth).

I hereby support the Demand for Information from The Honourable Anna Bligh MP Premier of the State of Queensland by Mr David John Walter on 1st December 2009.

If this information has not been supplied to Mr David John Walter by close of business on 31st December 2009, I wish to be named in the application for a prerogative writ of mandamus, that The Honourable Anna Bligh MP Premier of the State of Queensland, presents the information requested by Mr David John Walter on 1st December 2009, at a date of mention to the full High Court, subject to Chapter III of the Commonwealth of Australia Constitution Act at Sections 75(5), 76(2) and 80.

On the day of mention to the full High Court, if the information is still not forthcoming, a further request will be made by Mr David John Walter for a further writ.

I have not been informed by any elected representative of the body politic of either Queensland or the Commonwealth of Australia, as to changes to Queensland’s Constitution Act 1867, subject to Section 53, to alter the position of that Constitution.

I have not been requested by the subjects of the Commonwealth of Australia Constitution Act under Sections 117 to 128, to vote as to whether to allow Queensland, as a State of the Commonwealth of Australia subject to the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901, to become a Sovereign State, to vote as to whether Queensland may use the assets of the sovereign people under the Corporations Act 2001 (C’wth), and to vote as to whether Queensland’s legislature should not comply with section 109 of the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901.

If this matter is to be put before the High Court, I also request that the High Court accept this as my application to join in the application for a prerogative writ of mandamus to be put to The Honourable Anna Bligh MP Premier of the State of Queensland, as no referendum has been placed before me in these matters by my elected Members of the body politic thereby failing to respect and uphold the trust I placed in them by my vote.

I also request that the High Court allow further time for acceptance of any other sovereign person of the Commonwealth of Australia to join in this action after its initial lodgement.



……………………………………… ………………………………………
(Printed Full Name) (Signature)



Signed this ………………..……..….…….. day of ………….…..……….….…….. 20…..

Thursday, January 7, 2010

Reply from Anna Bligh, Premier of QLD

The office of Anna Bligh replied to the Demand letter one day before the 21 days were up.

We were not provided with any referendum details whatsoever and the letter replied from the perspective of the Qld Constitution 2001 and not the Commonwealth of Australia Constitution Act 1900.

You will also note that the letter states that the Governor's role is mandated by the QLD Constitution 2001, when rightfully, the governor is an entity of the 1900 Constitution under the Royal Seal. The QLD Constitution 2001, is of course sealed under the Seal of QLD (as was this letter), indicating that the Governor now answers to the acts emanating from the government of that Seal.

This now moves to the High Court, who, next week, will be asked to ask the Qld Premier the same questions.


The reply from the office of Anna Bligh, Premier of QLD.....................







Transcript of the reply............

Office of the Premier
Executive Building
100 George St Brisbane
PO Box 15185 City East
Queensland 4002 Australia
Telephone +61 7 3334 4500
Facsimile +61 7 3221 3631
Email ThePremier@premiers.qld.gov.au
Website http://www.thepremier.qld.gov.au/

For reply please quote CALS/DS - TF/09/34138 - DOC/09/143649

17 DEC 2009

Mr David Walter
Envirowild Pty Ltd
PO Box 578
HERBERTON QLD 4887


Dear Mr Walter,

Thank you for your letter of 1 December 2009 concerning consitutional matters. I have been asked to reply to you on the Premier's behalf.

You have alleged that the Queensland Government has moved to remove the Crown from Queensland legislation and alter the Office of the Governor. I can assure you that the Queensland government has taken no such action.

The role of the Governor in Queensland is clearly mandated by Part 2 of the Constitution of Queensland 2001. The Governor is Her Majesty's representative in Queensland and holds office during Her Majesty's pleasure. The Governor gives Royal Assent to Bills passed by the Parliament, may summon and dissolve Parliament, appoints all ministers and may issue writs and grant pardons.

While Section 128 of the Constitution of the Commonwealth of Australia provides that a referendum is required to alter any part of the Commonwealth Constitution, Queensland's Constitution is different.

As Queensland's constitutional laws are ordinary Acts of our Parliament, they can be changed by passing other ordinary Acts of Parliament. The Constitution of Queensland Act 2001 is an Act of the Queensland Parliament which primarily brings together the constitutional provisions of other Acts of the Queensland Parliament into one Act which can be referred to as our Constitution.

Any provisions of Queensland's Constitution Acts which were entrenched (that is required a referendum to change) have not been changed, and remain in force.

The provisions which remain in their original Acts include:
  • the establishment and legislative power of the Parliament of Queensland
  • the duration of the Parliament, and
  • matters relating to the office of the Governor.

Please be assured that the Queensland Government is committed to the ongoing governance of Queensland.

I trust this information has been of assistance to you.

Yours sincerely,

Jessica Collins

Policy Adviser

Demand Request for Anna Bligh, Premier of QLD

What is happening in QLD is the primer for the removal of all property rights in the other states of Australia.
By effectively removing themselves from the 1900 Constitution in 1923, yet maintaining the appearance of being part of the Commonwealth in order to continue to accept money from consolidated revenue, the QLD govt have become a "foreign government" in Australia.
As Mr Rudd and the Governor-General Quentin Bryce both come from this independent state, Australia is now a "colony" of QLD, the government of which has claimed the land of the Crown of the 1900 Constitution and placed it under the Crown know as the Executive Government of QLD.

On December 2 2009, David John Walter sent Anna Bligh the following letter...............................


The Honourable Anna Bligh MP
Premier of the State of Queensland
Parliament House
Brisbane Qld 4000


RE: DEMAND FOR INFORMATION FROM THE HONOURABLE ANNA BLIGH MP PREMIER OF THE STATE OF QUEENSLAND


1. I, David John Walter,

am a sovereign person under the Commonwealth of Australia Constitution Act 1900 (UK)
(reference Chapter 12 of 63 and 64 Victoria of 9th July 1900 AD) and under the Commonwealth of Australia Constitution Act 1901 proclaimed on 1st January 1901,

am an equal shareholder, along with all the other sovereign persons under the above-mentioned Constitution of all the assets of the Commonwealth of Australia inter alia with the Corporations Act 2001 (C’wth),

am a citizen of the indissoluble Federal Commonwealth, the Commonwealth of Australia, under the Crown of the United Kingdom of Great Britain and Ireland,

am a loyal subject of Her Majesty The Queen, Elizabeth II, Her Heirs and Successors,

and am a resident in the Commonwealth of Australia’s State of Queensland
at xxxxxxxxxxxxxxxxxxxxxxxxxx.

2. I hereby place before you a Demand for Information with regard to the following:-

Demand for Information
from
The Honourable Anna Bligh MP Premier of the State of Queensland
requested by
David J. Walter


2.1. Full results of the referendum to progressively remove the constitutional Crown from legislation in Queensland.

(Refer: Section 53 Queensland’s Constitution Act 1867)

2.2. Full results of the referendum to progressively alter the position of the office of the Crown’s representative in Queensland, the Governor of Queensland.

(Refer: Section 53 Queensland’s Constitution Act 1867)

2.3. Full results of the referendum to progressively pass to the corporate Queensland Government, the assets of the sovereign people of Commonwealth of Australia.

(Refer: Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)

2.4. Full list and details of transfer of those assets.

2.5. Full results of the referendum to progressively remove entrenched sections of Queensland’s Constitution Act 1867.

(Refer: Section 53 Queensland’s Constitution Act 1867)

2.6. Full results of the referendum to remove Queensland from the Commonwealth.

(Refer: Section 53 Queensland’s Constitution Act 1867 and Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)

3. The citizens of the Commonwealth of Australia have the right to a referendum under Section 128 of the Commonwealth of Australia Constitution Act 1901, before any attempt to alter this Constitution may be made.

4. The citizens of the Commonwealth of Australia who are also residents in the Commonwealth of Australia’s State of Queensland have the right to a referendum under Section 53 ofQueensland’s Constitution Act 1867, extract from which states:- “A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—sections 1, 2, 2A, 11A, 11B, 14; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.”

5. The Parliament of Queensland Act 2001 and its Constitution of Queensland 2001 have removed entrenched sections of Queensland’s Constitution Act 1867 by removing the Separation of Powers, by placing members of the executive government, the premier and cabinet ministers, inside the current Parliament in Queensland, by altering the positions of judges of the Supreme and District Courts, the positions of Ministers of the Crown, and the position of Governor, the Crown’s representative, to positions of office holders inside that Parliament, and by changing Members of the Legislative Assembly (MLA) to Members of Parliament (MP), all contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901.

6. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, Her Majesty’s Police Force as people once knew it and which protected the Crown and its people, has been changed to the Queensland Police Service which now protects only the Queensland Government owned corporations and has therefore become a security agency for these corporations but has no lawful Crown authority over us, the sovereign people.

7. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, the ownership of property which includes freehold land as people once knew it has been changed, with the corporate Queensland Government taking an unregistered interest in property and land, by placing its corporate seal on people’s property and certificates of title, thereby taking joint ownership of that property and land, but without the owners’ consent.

8. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, The Treasury, under its corporate seal, borrows money on the people’s and Crown’s assets and deals at will with that money with no accountability to the people.

9. I require this information to be forwarded to me within 21 working days from the date below.



…………………………………………..
(David J. Walter)1st December 2009

Wednesday, January 6, 2010

WA and QLD and the 1900 Constitution

Queensland
In 1917, the Queensland government put a referendum to the people, asking them to remove the Legislative Council (Senate).
The people refused and the government went ahead and removed it.
This fractured the manner and form of the Australian Constitution and with that Queensland stepped out of the Constitution.
In the time since then, culminating in the QLD Constitution 2001, successive QLD government have gradually prepared the laws and the public service until today finds QLD without common law in any court, with a dictatorial executive government that ignores the wishes of the people, and enforces its own legislation over the rights of the people.
To do this successive Parliaments gradually repealed, back in time, every law that has ever been in existence that mentions a British law, including the American Bill of Independence.
These changed acts would be presented to parliament and using s15da of the Acts Interpretation Act, after 2 years they jump up and became valid to the new parliament.
Then if there were no requests to examine these acts, after 7 years they would be reprinted. Hence the big differences in the dates legislation came into effect.
If necessary, the QLD parliament would create another act to fill a gap.
Over that progressive period, the QLD Parliament have reprinted all necessary acts, and amended others until they now operate effectively under both the QLD Constitution 1867 and the QLD Constitution 2001.
All acts are all sealed to the power of the crown of Mr Whitlam – the Queen of Australia, rather than the crown of the Commonwealth of Australia Constitution Act 1900 (UK).
Beattie, in the second reading of the QLD Constitution 2001, stated, “It is so simple, they’ll never work it out.”


Western Australia
When the Constitution was passed by the British Parliament, WA had yet to endorse their inclusion.
The WA Parliament convened to consider an Enabling Bill for a referendum. This was assented to on 13 June 1900.
On 31 July 1900, a WA referendum carried their people’s agreement for the Act.
Queen Victoria had signed the Constitutional Act on 9 July 1900.
A separate proclamation had to be issued after the WA referendum to set the date for Federation – 1 January 1901.
In 1933, 68% of WA voters voted to have WA leave the Commonwealth and return to the British Empire as an autonomous territory. However, the British Government refused to intervene and no action was taken.
In WA, during 1 week in November 2009, over 50 acts were reprinted.

An Overview of The Commonwealth of Australia Constitution Act (UK) 1900

The Commonwealth of Australia Constitution Act 1900 (UK)
Consists of 8 Chapters and the Schedule.
I. The Parliament
consisting of the Queen, a Senate & a House of Representatives
Governor General appointed by the Queen as her representative
Before taking their seat, they must all swear and Oath or Affirmation of Allegiance.
II. The Executive Government
Executive power is vested in the Queen and can be exercised by the Governor General
The Governor General chooses the members of the Federal Executive Council, who advise him/her.
All references to the Governor General in Council refer to the Governor General acting on the advice of the Federal Executive Council.
III. The Judicature
Judicial power of the Commonwealth is vested in the Federal Supreme Court, called the High Court of AustraliaJustices are appointed by the Governor General in
Council.
IV. Finance and Trade
V. The States
VI. New States
VII. Miscellaneous
VIII. Alteration of the Constitution
The proposed law for the alteration must be passed by an absolute majority of each House of the Parliament and not less than two or more than six months must be submitted to a referendum of the voters in each State and Territory .
If, the referendum is approved by a majority of the States and a majority of the voters, the Governor-General may approve the proposed law.
The Schedule
The Oath & Affirmation of the new parliamentarian.


Protection of Rights
There is no Bill of Rights in the Australian Constitution, because the majority of the people felt that the traditional rights and freedoms of British subjects were sufficiently guaranteed by the Separation of Powers and the 2 houses of Parliament.
And as the Act itself is British law, our access was therefore provided to the Magna Carta, Habeus Corpus, Bill of Rights 1649 and etc.

However the Constitution did include the following rights –
* Right to Trial by Jury in s80 for indictable offences against Commonwealth Law.
* Right to Just Compensation in s51 (xxxi) for assets taken by the Commonwealth.
* Right to Freedom of religion in s116, wherein the Commonwealth can not make laws to do with religion.
* Right to Freedom from Discrimination against residents of another state in s117.
The High Court have also established an implied Right to Freedom of Political Communication and a limited Right to Vote in s7 & s24.


Separation of Powers
Refers to the separation of the Executive (the Ministry), the Legislature (the Parliament) and the Judiciary (the Courts), with none of the three branches of government able to exercise total power.
Legislative power means the power to make laws and is concentrated in the Parliament. Executive power means the power to implement laws and is given to the government.
Judicial power gives the High Court power to decide whether laws are legal according to the Constitution.
The essence of the doctrine of separation of powers is thus based on the idea of checks and balances.


Prime Ministers, Premiers & Political Parties
The Constitution does not mention any of these entities in any manner.
The intent of the Constitution was that each person entering the House of Representatives & the Senate would be entirely independent, answerable only to the electors.


Referendums & Plebiscites
At all times, the only manner in which the Constitution could be altered were by binding polls called referendums.
To pass a referendum the final vote had to consist of a majority of states and a majority of the voters agreement.A Yes vote in a referendum would change that section of the Constitution. This would then be presented to the Governor - General for Royal Assent. This then becomes a binding and entrenched alteration to the Constitution.
A No vote was as lawful, in that it meant that there could be no change to the relevant section.
A Plebiscite is an optional voting structure to do with decisions that do not alter the Constitution.
Because the general feeling toward the Constitution is that it is fine the way it is, only 5 Federal referendums out of 21 have received a Yes vote.
* In 1916 & 1917, the people voted No to allow govt to conscript Australians for war.
* 1n 1944, the people voted No when govt wanted to extend its wartime powers into peace times.
* In 1951 the people voted No to banning communism – because it infringed on Freedom of Choice.
* In 1967, 89% of the People voted Yes to include Aboriginal people in the Constitution.
* In 1988, the Federal govt tried to introduce a Bill of Rights which, by stealth, gave govt greater powers. 70% of the people voted No, preferring less govt control.
* In 1999, over 50% of the people voted No against a Republic.
* The people have voted No to allowing govt to further extend their powers into trade, finance, corporations, industrial matters, disputes, aviation, marketing, democratic rights, pricing, incomes and more.
* Important referendums in which the people voted No twice, were in 1974 & 1988, where the People refused to allow Local Councils to be recognized in the Constitution.

Chapter III Court
Under the Constitutional Judicial structure, a constitutional court of law is known as a Chapter III Court.
The judicial power of the Commonwealth can only be exercised by a Chapter III court.
No other body, such as a panel, tribunal, commission, etc can render and enforce a judgment.
This has been upheld by the High Court in
* NSW v Commonwealth (1915) the Wheat Case
* Harry Brandy v Human Rights & Equal Opportunities Commission 1995
* Lane v Morrison 2009