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To all Electors in Australia
How do we have a Prime Minister?
That position is not in the Constitution.
But then there are Political Parties and they are not in the Constitution either.
Political parties have a leader so how does a political party determine the leader?
This is done by the Caucus and involves a three step process and at the end of this
process there emerges a leader. But where does the prime minister come from?
After the Election has been completed the party with the majority of seats is considered
to have won the Election.
At the Swearing in by the Governor General of all successful members of the new
Parliament the Governor General then appoints the Leader as the Prime Minister.
The new Prime Minister then appoints Members to be Ministers which the Media claim
to be the Prime Ministers’ Government.
Members of political parties have put themselves above the People; in their Constitutions
and now in all elected Federal, States and Local Governments positions.
They are nothing more than a political cancer.
They have become like “white ants” eating away at the
Commonwealth of Australia Constitution and all State Constitutions.
To make themselves leaders of the Commonwealth and every State Government and by
the removal of the Governor General and all State Governors.
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This is clearly visible in the GLEW & ANOR case;
GLEW & ANOR -v- SHIRE OF GREENOUGH [2006] WASCA 260;
Note; The Act referred to changes the terminology in a large number of statutes of
Western Australia.
In broad terms, references to the Crown or to her Majesty are changed to references to the
Governor of the State. The first observation to be made about the Act is that
it purports to change terminology only, not constitutional reality. That is, it does not
attempt to alter the relationship between the Crown and the various bodies contained
within the Acts amended.
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xx 18 There is no constitutional prohibition upon the alteration of the terminology
which refers to the Crown or to her Majesty. Further, the changes of terminology
contained within the Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 are consistent with constitutional reality.
The Governor is, for constitutional purposes, effectively the Queen's representative in Western
Australia (s 50 State Constitution) and so is, for practical purposes, "her Majesty" within Western
Australia.
18a The "State" is simply another way of referring to the executive power of the
Crown in right of the State of Western Australia.
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19 As is explained in a text book popular in constitutional law courses,
"when we talk of the Crown in the context of Australian government in the late
twentieth century, we refer to a complex system of which the formal head is the
monarch. We do not refer to a replica of sixteenth century English government,
where real power was vested in and exercised by the monarch personally.
Rather, we mean that collection of individuals and institutions (Ministers,
public servants, a Cabinet, the Executive Council, a Governor or Governor-General,
and statutory agencies) which exercise the executive functions of government"
(Hanks & Cass, "Australian Constitutional Law:
Materials and Commentary", 6th ed (1999) at [7.1.6]).
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All judges and magistrates should make all judgements as based on the constitution only.
Not rely on other Court judgements or any Text Book on Constitutional Law.
END
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There is also the Council of Australian Governments (COAG).
And the Department of Prime Minister and Cabinet.
And of every State there is the Department of Premier and Cabinet.
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The Department of Premier and Cabinet of Victoria is further proof of what the Members of
the political parties are doing in Victoria and of every State of the Commonwealth.
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Department of Premier and Cabinet Victoria: About Cabinet
About Cabinet
Cabinet is the principal decision making body of the Government. It consists of all Ministers
of the Crown and the Cabinet Secretary.
The Premier, as the leader of the Government, is the Chairperson of Cabinet.
Cabinet is a formal meeting of Ministers but has no legal powers or status.
For example, there is no reference to Cabinet contained within Victoria's Constitution.
Its decisions have no formal force until they are either put into effect by its individual
members as Ministers, or until they are endorsed by the Governor in Council or until
legislative proposals are enacted by Parliament. However, by virtue of the authority that
Members of Parliament accord to Cabinet, it is the vehicle through which the decisions of
the Executive are determined.
Cabinet considers all important questions of policy and administration and the Government's
legislative program. Cabinet decisions are collective decisions and are binding on all
Ministers as government policy.
Collective responsibility is supported by the strict confidentiality attached to Cabinet
documents and to discussions in the Cabinet Room. Cabinet and Cabinet Committees are
forums in which Ministers, while working towards a collective position, are able to discuss
proposals and a variety of options and views with complete freedom. The openness and
frankness of discussions in the Cabinet Room are protected by the strict observance of
confidentiality.
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END
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My opinion of Cabinet;
The Premier, as the leader of the Government, is the Chairperson of Cabinet.
and the Premier has replaced the Governor who has been transferred to
Portfolio Agencies. Cabinet is a formal meeting of Ministers but has no legal powers or status.
For example, there is no reference to Cabinet contained within Victoria's Constitution.
This is treachery and is arrogance to the People who are the Electors.
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The organisation chart will show that the Governor is in a separate area and now not in the
position as the Constitutional Leader of the Government. And based on the State Constitution, is
not in a position to be the governor in council. For this reason can not appoint any judge or
magistrate. Under the Crimes Act 1914 Part 2 Section 24AA, this is treachery.
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So in my opinion all these acts have not been passed by a Parliament subject to any Constitution.
Which also means that all judges and magistrates or VCAT or any court can not have any judicial
power. They are all a defacto or care-taker, government and parliament and courts.
END
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What is the Parliament?
That goes to Chapter One Section one.
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Chapter I. The Parliament.
Part I. -- General.
1. The legislative power of the Commonwealth shall be vested in a Federal Parliament,
which shall consist of the Queen, a Senate and a House of Representatives, and which is
herein-after called "The Parliament" or "The Parliament of the Commonwealth".
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This goes to Chapter One Section 51;
Part V. -- Powers of the Parliament.
Section 51. The Parliament shall, subject to this Constitution, have power to make laws
for the peace, order and good government of the Commonwealth with respect to the 39
subsections:
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This goes to Chapter 2;
Chapter II.
The Executive Government.
Section 61. The executive power of the Commonwealth is vested in the Queen and is
exercisable by the Governor-General, as the Queen's representative and extends, to the
execution and maintenance of this Constitution and of the laws of the Commonwealth.
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The words of Section 51 and Section 61. Can then be combined as follows;
The peace, order and good government of the Commonwealth;
exercisable by the Governor-General, as the Queen's representative and extends, to the
execution and maintenance of this Constitution and of the laws of the Commonwealth.
AND Subsection (vi) of Section 51;
(vi. ) The naval and military defence of the Commonwealth and of the several States, and
the control of the forces to execute and maintain the laws of the Commonwealth.
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Political Party not the same system as that of the Constitution.
Has there been a bloodless revolution, by the apparent, take over of the Federal, States, Territory
Government and Parliament of Australia, by the self appointed political parties as from 1900?
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Australian Constitution Chapter VII. Miscellaneous.
Section 126. The Queen may authorize the Governor-General to appoint any person, or any
persons jointly or severally, to be his deputy or deputies within any part of the Commonwealth,
and in that capacity to exercise during the pleasure of the Governor-General such powers and
functions of the Governor-General as he thinks fit to assign to such deputy or deputies, subject to
any limitations expressed or directions given by the Queen; but the appointment of such deputy
or deputies shall not, affect the exercise by the Governor-General himself of any power or
function.
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Commonwealth of Australia Constitution Act. Chapter I.
Parliament. Part I. -- General.
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Section 1. The legislative power of the Commonwealth shall be vested in a Federal Parliament,
which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called "The Parliament," or "The Parliament of the Commonwealth".
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Section 2. A Governor-General appointed by the Queen shall be Her Majesty's representative in
the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen's
pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty
may be pleased to assign to him.
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My quote;
Prime Minister appoints the Governor General with a Titular Office, that is;
"having the Title without the duties of an office".
Then why the Prime Minister and Opposition Leader replace the Governor General in the
Parliament? Not consistent with and no mention of such in Sections 1, 2 and 126.
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The three positions in Parliament are the Governor General,
Speaker of the House of Representatives and the President of the Senate.
The Senate represents the people of the State, it is the real opposition and
the House of Representatives represents the people of the Commonwealth.
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There is no mention in the Constitution of the following words;
prime minister, state premier, local government, she or her, Plebiscites, Cabinet, COAG,
National Flag or National Anthem, front or back bench, Attorney General, personal authority,
so-called leadership, political parties and or their agendas.
Commission of Prime Minister and all State Premiers is not consistent with Section 126.
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A Government does not have any power to Legislate. Local Government is not a State, for that
reason local government can not make any law.
A State must have a Government and Parliament. And no State Parliament can delegate any
such power to any State Government or to a Governor or to any Authority.
Section 61 of the Commonwealth of Australia does not allow this.
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See below.
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Commonwealth of Australia Constitution Act. Chapter II.
The Executive Government.
Section 61. The executive power of the Commonwealth is vested in the Queen and is
exercisable by the Governor-General, as the Queen's representative and extends, to the
execution and maintenance of this Constitution and of the laws of the Commonwealth.
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My quote
Position of Governor General is the corner stone of the Constitution of the Parliament, High Court
Judges and Commissions. Not the Prime Minister. Where does it allow for the Executive
Government to have any authority to initiate any Legislation and or sit on the front bench?
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Section 62. There shall be a Federal Executive Council to advise the Governor-General in the
government of the Commonwealth, and the members of the Council shall be chosen and
summoned by the Governor-General and sworn as Executive Councillors, and shall hold office
during his pleasure (command).
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My quote;
Governor General should represent the Living Souls of Australia. Members of the Federal
Executive Council should be chosen from the general public.
The Living Souls may then meet with Members of the Federal Executive Council, the Governor
General, to issue the writ to initiate a Referendum. Electors Initiated Referendum, (EIR)
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Section 63, provisions of this Constitution referring to the Governor-General in Council shall be
construed as referring to the Governor-General acting with the advice of
the Federal Executive Council.
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Section 64. Governor-General may appoint officers to administer such departments of State of
the Commonwealth as the Governor-General in Council may establish. Such officers shall hold
office during the pleasure (command) of the Governor-General. They shall be members of the
Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth.
After the first general election no Minister of State shall hold office for a longer period than three
months, unless he is or becomes a senator or a member of the House of Representatives.
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My quote;
Based on Section 1 and sections 61, 62, 63 and 64 of the Commonwealth of Australia
Constitution there has never been in Australia, a Government and Parliament, based on the
Constitution since 1900. And no legislation has stated in the text of the Legislation, that it relates
to a Subsection of Section 51.
Political parties appoint their Leader and if elected, the Governor General, who has no Authority,
then swears in the political party leader, as the Prime Minister and each member of the Senate
and each member of the House of Representatives, to take their Seats in the now
unconstitutional, Parliament of no Authority.
The unconstitutional Prime Minister, then appoints members of the political party to administer
such departments, the media claim to be the Prime Ministers Government; this is the opposite of
Section 62 and 64. To have true balance of power no Member of Parliament should be chosen.
These words should be deleted from section 64.
“Unless he is or becomes a senator or a member of the House of Representatives”
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This means the Governor General can appoint any Elector subject to; Section 64, “After the first
general election no Minister of State shall hold office for a longer period than three months”.
END.
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