110 years ago, our forefathers entered into a Covenant relationship with God through His regent Queen Victoria, when they created the Preamble to the Commonwealth Constitution.
In that Preamble, they forever stated that they "humbly relied on the blessings of Almighty God."
That Preamble is where the People reside as People of the Commonwealth and at this time in our lives and our history we need His blessings more than ever.
I offer this prayer to the People.
Almighty God, I acknowledge that relationship my forefathers entered into with You and I can see that Your blessings were mighty over this country, protecting it from many of the horrors that other people have lived through in other parts of this world.
And Lord, I acknowledge that we the People have become complacent and rebellious, turning from that blessing and following our own paths, even forgetting who created that blessing.
For that, I am personally sorry.
Humbly I ask, as a member of the People of the Commonwealth freely accepting that covenant relationship, that You continue to pour out Your blessings.
I ask, in this time when the People have no apparent judicial protection, that You become our Justice and our Judge in all things to do with the People of the Commonwealth.
When You see deception, manipulation and lies being used to remove the People from their covenant, constitutional & Royal protection, I ask that You stand between the People and those who would harm us, and render Judgment.
When You see theft being used to remove any and/or all the rights of the People, I ask that You stand between the People and those who would commit this crime against us, and render Judgment.
And when You see any attempts to enslave the People, removing them from their covenant relationship with You, removing them from that awesome freedom, I ask that Your Judgment be swift and decisive.
I ask, in this time when the People are bewildered, unable to clearly see where the Truth stands, that You place discernment, wisdom and clear direction into the hearts and minds of the People of the Commonwealth.
Finally I ask, in this time when the People are fearful and lacking in courage, that You give us a measure of Your power, a Measure of Your Fearlessness and a measure of Your Might.
And, as I can only speak for myself, I promise to use those gifts with Faith and Trust.
I ask in the name of Jesus Christ.
So be it.
Amen.
Wednesday, February 24, 2010
Notes from the Sydney Cooee Rally - 24 Feb 2010
What is happening in Australia? The People know that legislation is removing their rights, taking their assets and endangering their mental safety. The People know men and women who are fighting parts of the problem, such as Peter Spencer, but the question we must ask is how have government been able to do this without the permission of the People?
This is a simple overview of our findings -
1. Prior to the formation of the Federation, all colonies but SA were independent penal colonies, under the authority of the British Empire.
2. For purposes of trade, these colonies operated under the 1855 Federal Council of Australasia.
3. The planning for a Federation took 10 years of conventions and referendums.
4. The draft Constitution was formed and sent to England.
5. On 9 July 1900, Queen Victoria signed the amended Commonwealth of Australia Constitution Act (UK) 1900 and returned it to Australia.
6. This constitution required a final referendum of the People to approve it. Why?
7. Because it was a contract between the owner of the land, the Queen’s most Excellent Majesty, and her loyal subjects under the Seal of the Crown of the United Kingdom of Great Britain and Ireland. And any contract must have the full agreement of both parties.
8. The details of this contract were that she and her heirs would protect us, we would pay into her consolidated revenue our taxes, she would then pay the public servants wages, and the public servants would obey our Constitution in their administration of her lands on our behalf.
9. Who are we in this Act? We are the Commonwealth. The actual Constitution at part 9 is the rules applicable to government.
10. And it states at part 9, section 117 and section 128 of the Commonwealth of Australia Constitution Act (UK) 1900, that government can not remove our rights without our permission.
11. Unfortunately, for reasons of state, the heads of those independent colonies decided not to have another referendum, but instead agreed to this contract “for and on behalf” of the People. Creating the first loophole in Federation.
12. In 1973, Gough Edward Whitlam came into power and immediately created the Queen of Australia and the Great Seal of Australia.
13. From the time on all government legislation has been created under that Queen and sealed to the Seal. What does this mean?
14. The Queen of the People of the Commonwealth is Her Majesty Queen Elizabeth of Great Britain and Ireland – not the Queen of Australia. The Queen of Australia is an entity completely unknown to our rights. She did not sell us her land, she does not quarantee our protection.
15. The Seal of the People of the Commonwealth is the Royal Seal of Great Britain with the lion and the unicorn. The Great Seal of Australia with the kangaroo and the emu, is a seal completely foreign to our laws under our Constitution and our rights.
16. A Queen and a Seal are not just pretty pictures on a page, they are profound legal elements telling anyone who understands them and must operate under them, what laws, what government, what power they must obey.
17. Anyone who has been taken to court under these draconian laws should know that the first thing a judge must do is look at the Seal on the charge. If it is the Royal Seal he must rule under common law. If it is the Great Seal he must rule under the legislation of the Aust government. If it is the state Seal he must rule under state legislation. And he can not look at any other legislation in his decision. He is bound to the Seal and your rights are completely ignored.
18. Our rights are found under the Royal Seal, at common law and equity, as found in the judicial system created in the Commonwealth of Australia Constitution Act (UK) 1900 and protected by Her Majesty Queen Elizabeth II of Great Britain and Ireland.
19. Our rights are not found in the courts of Australia which are bound to these government creations – hence – we lose.
20. In essence, what Gough Whitlam created in 1973, was a republic in all but name.
21. The progressive removal of our Queen and our Seal from all legislation in Australia now sees the sovereign power vested solely in the Prime Minister, who has never been given that right by the People.
22. Under that sovereignty we have been made their commercial chattel, we provide them with our money/our taxes, we must obey their laws on political grounds, we are taken into their courts by their employees and tried in their system under statutory law, where, under the Criminal Code 1995, a person is defined as being a ‘nothing” and an act of treason can only be committed against a Prime Minister..
23. This is not our government. This government is completely foreign to our 1900 (UK) Commmonwealth Constitution.
24. In this foreign government all dealings are now contractural under the corporate structure.
25. Our government was authorised by Queen Victoria to operate under common law and equity, and their permission stopped at making laws for Peace, Welfare and Good Government only.
26. What have they done with our Constitution? They have placed it inside a consolidated act referred to simply as The Constitution. Inside that act is the Australia Act 1986 (their constitution), the Westminster Act and our Constitution – all Sealed under the Great Seal of Australia.
27. In simple words, under their control. We have been enslaved.
28. The states have all returned to their independent colonial status, reworking those 1800’s constitutions back into modern terms.
29. COAG is now the trade agreement between all government entities including local councils. You do not get to vote who sits in COAG, yet all agreements over your land rights are under the power of COAG.
30. People of the Commonwealth, they have removed our civil and political rights – did you agree to that?
31. People of the Commonwealth, they have removed your private ownership rights to your wealth, your land, your goods and your chattels. Did you agree to that?
32. People of the Commonwealth, they have created a ‘republican style’ government and removed our Constitutional Monarchy. Did you agree to that?
33. Her Majesty did not give this foreign government permission to steal her land and she has recently re-affirmed her role as the protector of the People when she stated she was the Head of State in this country.
34. And you must understand, we are the People of the State of the Commonwealth, so she was telling this government that she is now stepping into the battle to protect us.
35. People of the Commonwealth, this foreign government has taken the assets of Her Majesty, kept in trust for her People, they have sold those assets and pocketed the money. Did you agree to that?
36. This foreign government rules with fear and statute law.
37. They are nothing but thieves – do not allow them to force us to live in fear. We are much, much greater than that.
38. If you do not know who you are and what you own, you will not know what is being stolen from you.
39. Stand united, know who you are, where your protection lies and speak out. Make your voices roar through the offices and halls of their corporate headquarters. Let them know the People of the Commonwealth have had enough!
This is a simple overview of our findings -
1. Prior to the formation of the Federation, all colonies but SA were independent penal colonies, under the authority of the British Empire.
2. For purposes of trade, these colonies operated under the 1855 Federal Council of Australasia.
3. The planning for a Federation took 10 years of conventions and referendums.
4. The draft Constitution was formed and sent to England.
5. On 9 July 1900, Queen Victoria signed the amended Commonwealth of Australia Constitution Act (UK) 1900 and returned it to Australia.
6. This constitution required a final referendum of the People to approve it. Why?
7. Because it was a contract between the owner of the land, the Queen’s most Excellent Majesty, and her loyal subjects under the Seal of the Crown of the United Kingdom of Great Britain and Ireland. And any contract must have the full agreement of both parties.
8. The details of this contract were that she and her heirs would protect us, we would pay into her consolidated revenue our taxes, she would then pay the public servants wages, and the public servants would obey our Constitution in their administration of her lands on our behalf.
9. Who are we in this Act? We are the Commonwealth. The actual Constitution at part 9 is the rules applicable to government.
10. And it states at part 9, section 117 and section 128 of the Commonwealth of Australia Constitution Act (UK) 1900, that government can not remove our rights without our permission.
11. Unfortunately, for reasons of state, the heads of those independent colonies decided not to have another referendum, but instead agreed to this contract “for and on behalf” of the People. Creating the first loophole in Federation.
12. In 1973, Gough Edward Whitlam came into power and immediately created the Queen of Australia and the Great Seal of Australia.
13. From the time on all government legislation has been created under that Queen and sealed to the Seal. What does this mean?
14. The Queen of the People of the Commonwealth is Her Majesty Queen Elizabeth of Great Britain and Ireland – not the Queen of Australia. The Queen of Australia is an entity completely unknown to our rights. She did not sell us her land, she does not quarantee our protection.
15. The Seal of the People of the Commonwealth is the Royal Seal of Great Britain with the lion and the unicorn. The Great Seal of Australia with the kangaroo and the emu, is a seal completely foreign to our laws under our Constitution and our rights.
16. A Queen and a Seal are not just pretty pictures on a page, they are profound legal elements telling anyone who understands them and must operate under them, what laws, what government, what power they must obey.
17. Anyone who has been taken to court under these draconian laws should know that the first thing a judge must do is look at the Seal on the charge. If it is the Royal Seal he must rule under common law. If it is the Great Seal he must rule under the legislation of the Aust government. If it is the state Seal he must rule under state legislation. And he can not look at any other legislation in his decision. He is bound to the Seal and your rights are completely ignored.
18. Our rights are found under the Royal Seal, at common law and equity, as found in the judicial system created in the Commonwealth of Australia Constitution Act (UK) 1900 and protected by Her Majesty Queen Elizabeth II of Great Britain and Ireland.
19. Our rights are not found in the courts of Australia which are bound to these government creations – hence – we lose.
20. In essence, what Gough Whitlam created in 1973, was a republic in all but name.
21. The progressive removal of our Queen and our Seal from all legislation in Australia now sees the sovereign power vested solely in the Prime Minister, who has never been given that right by the People.
22. Under that sovereignty we have been made their commercial chattel, we provide them with our money/our taxes, we must obey their laws on political grounds, we are taken into their courts by their employees and tried in their system under statutory law, where, under the Criminal Code 1995, a person is defined as being a ‘nothing” and an act of treason can only be committed against a Prime Minister..
23. This is not our government. This government is completely foreign to our 1900 (UK) Commmonwealth Constitution.
24. In this foreign government all dealings are now contractural under the corporate structure.
25. Our government was authorised by Queen Victoria to operate under common law and equity, and their permission stopped at making laws for Peace, Welfare and Good Government only.
26. What have they done with our Constitution? They have placed it inside a consolidated act referred to simply as The Constitution. Inside that act is the Australia Act 1986 (their constitution), the Westminster Act and our Constitution – all Sealed under the Great Seal of Australia.
27. In simple words, under their control. We have been enslaved.
28. The states have all returned to their independent colonial status, reworking those 1800’s constitutions back into modern terms.
29. COAG is now the trade agreement between all government entities including local councils. You do not get to vote who sits in COAG, yet all agreements over your land rights are under the power of COAG.
30. People of the Commonwealth, they have removed our civil and political rights – did you agree to that?
31. People of the Commonwealth, they have removed your private ownership rights to your wealth, your land, your goods and your chattels. Did you agree to that?
32. People of the Commonwealth, they have created a ‘republican style’ government and removed our Constitutional Monarchy. Did you agree to that?
33. Her Majesty did not give this foreign government permission to steal her land and she has recently re-affirmed her role as the protector of the People when she stated she was the Head of State in this country.
34. And you must understand, we are the People of the State of the Commonwealth, so she was telling this government that she is now stepping into the battle to protect us.
35. People of the Commonwealth, this foreign government has taken the assets of Her Majesty, kept in trust for her People, they have sold those assets and pocketed the money. Did you agree to that?
36. This foreign government rules with fear and statute law.
37. They are nothing but thieves – do not allow them to force us to live in fear. We are much, much greater than that.
38. If you do not know who you are and what you own, you will not know what is being stolen from you.
39. Stand united, know who you are, where your protection lies and speak out. Make your voices roar through the offices and halls of their corporate headquarters. Let them know the People of the Commonwealth have had enough!
Wednesday, February 10, 2010
My Will - Appendix
APPENDIX I
(A) Magna Carta 1215.
(39) No freeman shall be captured or imprisoned or disseised or outlawed or exiled or in any way destroyed, nor will we go against him or send against him, except by the lawful judgement of his peers or by the law of the land.
(40) To no one will we sell, to no one will we deny or delay right or justice.
(B) Extract from the Statute issued by Edward I, in confirmation of the Charters, November 5, 1297.
"...and that our justices, sheriffs and mayors, and other ministers, which, under us, have the laws of our land to guide, shall allow the said charters, pleaded before them in judgement, in all their points, that is to wit, the Great Charter as the common law."
(C) Bill Of Rights 1689.
(5) That it is the right of the subjects to Petition the King, and all Commitments and Prosecutions for such petitioning are illegal.
(D) Crimes Act 1914.
(24F) Nothing in the preceding provisions of this Part makes it unlawful for a person:-
(a) to endeavour in good faith to show that the Sovereign, the Governor-General, the Governor of a State, the Administrator of a Territory, or the advisors of any of them, or the persons responsible for the government of another country, has or have been, or is or are, mistaken in any of his or their counsels, policies or actions;
(F) Postage exemptions for material sent to the Governor-General and the State Governors:-
Information from the stamp below must be printed or written on the top left corner of envelope to the Governor-General or State Governors. All information abbreviated as given on stamp must appear on the envelope:
EXEMPT POSTAGE
Post. Serv. Act. 1975
Part III; Div. 1. Sec. 14(5a).
(A) Magna Carta 1215.
(39) No freeman shall be captured or imprisoned or disseised or outlawed or exiled or in any way destroyed, nor will we go against him or send against him, except by the lawful judgement of his peers or by the law of the land.
(40) To no one will we sell, to no one will we deny or delay right or justice.
(B) Extract from the Statute issued by Edward I, in confirmation of the Charters, November 5, 1297.
"...and that our justices, sheriffs and mayors, and other ministers, which, under us, have the laws of our land to guide, shall allow the said charters, pleaded before them in judgement, in all their points, that is to wit, the Great Charter as the common law."
(C) Bill Of Rights 1689.
(5) That it is the right of the subjects to Petition the King, and all Commitments and Prosecutions for such petitioning are illegal.
(D) Crimes Act 1914.
(24F) Nothing in the preceding provisions of this Part makes it unlawful for a person:-
(a) to endeavour in good faith to show that the Sovereign, the Governor-General, the Governor of a State, the Administrator of a Territory, or the advisors of any of them, or the persons responsible for the government of another country, has or have been, or is or are, mistaken in any of his or their counsels, policies or actions;
(F) Postage exemptions for material sent to the Governor-General and the State Governors:-
Information from the stamp below must be printed or written on the top left corner of envelope to the Governor-General or State Governors. All information abbreviated as given on stamp must appear on the envelope:
EXEMPT POSTAGE
Post. Serv. Act. 1975
Part III; Div. 1. Sec. 14(5a).
My Will - Part 8
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.
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.
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 6
6) WHAT IS A POLITICAL PARTY?
If you will but pause to think deeply and seriously you will find that a political party, despite its propaganda, constitutions, fine words and phrases, eventually becomes an organisation in the form of a pyramid with final power in the apex of that pyramid. The mass at the base being subject to manipulation by those in the apex, or by those who control the apex from outside of party organisation.
It is not an unreasonable contention that those who finally win through to the apex of the pyramid, both organisational and parliamentary, have to become manipulators of their fellows if they wish to hold their place of power at the top.
A political party, by the very nature of its pyramidal structure, is not, and cannot be, a democratic organisation, and the many years of party politics in Australia since Federation, proves that it is not democratic, despite beautifully worded constitutions, platforms, policies, and philosophies.
Here it might be wise to pause for a moment to define that much used, and much abused, word "democracy" Consensus has it that "democracy" is "Government of the people, by the people, for the people." However, whilst Lincoln's definition, with its tremendous emotive tones, sounds and reads well, experience has shown that in application this concept produces the opposite result "Government of the many by the few in the apex. "
It is suggested here that a far more practical definition of "democracy" would be that it is:
the administration of the affairs of the country to produce the specific results that the people request, not what politicians promise they will give if elected to power.
In the light of the long experience of Australian party politics, it becomes indisputable that political parties are incompatible with this new definition; that the continued domination and control of the Parliamentary machine by party politics must inevitably end in the wrecking of that machine, and the transfer of power to party manipulators. The evidence for this is becoming more painfully obvious each day.
The Australian history of parties demonstrates that every new party comes into being on the claim that existing parties have become dictatorships and that the new party is the only party capable of governing in the name of democracy. However, once its candidates enter a House of Parliament the new party quickly develops in the same mould as those it strove to replace.
Thus, we find the breaking-up and reforming, or splintering, of party groupings as people foolishly seek to overcome the party pyramidal structure and manipulation by replacing it with the same device and mechanism clothed in fine emotive words and phrases. People do not stop seriously to examine the Constitutions of the Commonwealth and the States, and the court interpretations thereof, to find the real nature of the Constitutional and legal powers that the Australian people possess to obtain the specific results they want from their Parliaments and Parliamentarians.
In discussions with politicians and others, the existence of faults in the party system will be admitted, to be immediately followed by the claim that the people traditionally vote on party lines; that the people vote for the party system because the people want the party system.
It is legally unchallengeable that the party system exists and operates ONLY because the Australian people have been deliberately misled into believing that, other than by a dictatorship, there is no other way that Parliament could function effectively and efficiently; that despite its many faults the party system is the only effective and efficient democratic way of governing the country. This is Constitutionally and legally false.
The sole role of a political party, like any other lawful organisation, is simply to recommend to the electors that "so and so " would be a good parliamentary representative and would faithfully carry-out the judicially defined legal function and duty of a parliamentarian. Should the electors accept the party's recommendation and elect that person then the party has no further legal vested interest in that elected person.
Once the Australian people are given the opportunity to learn and grasp that their Commonwealth and State Constitutions, and judicial interpretations thereof, provide the people with a practical legal alternative to the party system to democratically (as defined in this Chapter) operate the seven Australian Parliaments then, save those with a vested interest in the party system and its manipulation, the electors will cease to use the party system.
It is a matter of the printed evidence in the Hansards of all Australian Parliaments that the most honest debating and voting only takes place, with the rarest of exceptions, when the leaders of the parties agree that a certain Bill shall be debated on non-party lines; that their party parliamentarians shall be allowed to speak and vote absolutely freely according to their individual conscience. All other debates and votes must be on strictly party lines.
To summarise the answer to the question "what is a political party?
A political party, in fact and in experience, is a device or mechanism designed to enable manipulators, either elected or non-elected, to obtain and exercise the maximum direct control over the destiny of the people, cliches notwithstanding, in accordance with the will of the manipulators and controllers.
If you will but pause to think deeply and seriously you will find that a political party, despite its propaganda, constitutions, fine words and phrases, eventually becomes an organisation in the form of a pyramid with final power in the apex of that pyramid. The mass at the base being subject to manipulation by those in the apex, or by those who control the apex from outside of party organisation.
It is not an unreasonable contention that those who finally win through to the apex of the pyramid, both organisational and parliamentary, have to become manipulators of their fellows if they wish to hold their place of power at the top.
A political party, by the very nature of its pyramidal structure, is not, and cannot be, a democratic organisation, and the many years of party politics in Australia since Federation, proves that it is not democratic, despite beautifully worded constitutions, platforms, policies, and philosophies.
Here it might be wise to pause for a moment to define that much used, and much abused, word "democracy" Consensus has it that "democracy" is "Government of the people, by the people, for the people." However, whilst Lincoln's definition, with its tremendous emotive tones, sounds and reads well, experience has shown that in application this concept produces the opposite result "Government of the many by the few in the apex. "
It is suggested here that a far more practical definition of "democracy" would be that it is:
the administration of the affairs of the country to produce the specific results that the people request, not what politicians promise they will give if elected to power.
In the light of the long experience of Australian party politics, it becomes indisputable that political parties are incompatible with this new definition; that the continued domination and control of the Parliamentary machine by party politics must inevitably end in the wrecking of that machine, and the transfer of power to party manipulators. The evidence for this is becoming more painfully obvious each day.
The Australian history of parties demonstrates that every new party comes into being on the claim that existing parties have become dictatorships and that the new party is the only party capable of governing in the name of democracy. However, once its candidates enter a House of Parliament the new party quickly develops in the same mould as those it strove to replace.
Thus, we find the breaking-up and reforming, or splintering, of party groupings as people foolishly seek to overcome the party pyramidal structure and manipulation by replacing it with the same device and mechanism clothed in fine emotive words and phrases. People do not stop seriously to examine the Constitutions of the Commonwealth and the States, and the court interpretations thereof, to find the real nature of the Constitutional and legal powers that the Australian people possess to obtain the specific results they want from their Parliaments and Parliamentarians.
In discussions with politicians and others, the existence of faults in the party system will be admitted, to be immediately followed by the claim that the people traditionally vote on party lines; that the people vote for the party system because the people want the party system.
It is legally unchallengeable that the party system exists and operates ONLY because the Australian people have been deliberately misled into believing that, other than by a dictatorship, there is no other way that Parliament could function effectively and efficiently; that despite its many faults the party system is the only effective and efficient democratic way of governing the country. This is Constitutionally and legally false.
The sole role of a political party, like any other lawful organisation, is simply to recommend to the electors that "so and so " would be a good parliamentary representative and would faithfully carry-out the judicially defined legal function and duty of a parliamentarian. Should the electors accept the party's recommendation and elect that person then the party has no further legal vested interest in that elected person.
Once the Australian people are given the opportunity to learn and grasp that their Commonwealth and State Constitutions, and judicial interpretations thereof, provide the people with a practical legal alternative to the party system to democratically (as defined in this Chapter) operate the seven Australian Parliaments then, save those with a vested interest in the party system and its manipulation, the electors will cease to use the party system.
It is a matter of the printed evidence in the Hansards of all Australian Parliaments that the most honest debating and voting only takes place, with the rarest of exceptions, when the leaders of the parties agree that a certain Bill shall be debated on non-party lines; that their party parliamentarians shall be allowed to speak and vote absolutely freely according to their individual conscience. All other debates and votes must be on strictly party lines.
To summarise the answer to the question "what is a political party?
A political party, in fact and in experience, is a device or mechanism designed to enable manipulators, either elected or non-elected, to obtain and exercise the maximum direct control over the destiny of the people, cliches notwithstanding, in accordance with the will of the manipulators and controllers.
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. "
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