Australian Constitution or UK Act of Parliament?

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"Australia the Concealed colony!" is an application and request individually presented to the sovereign peoples of every Member State of the United Nations as well as to all administrative organs within the UN. It represents an appeal to "the World" to come to the aid of the sovereign people of Australia in their quest to be freed from their continuing subjugation under British colonial law. Every nation and all organs within the United Nations accepted the request, application, treatise and supporting documents in its entirety. Accordingly it is fully definable as a legal document. While no overt action by the United Nations has been evident the document is considered as remaining active

"An Act to Constitute the Commonwealth of Australia UK 1900" is the fundamental law that creates the Australian States and is used to govern the Commonwealth of Australia. This Act of law was inflicted, by the United Kingdom, on the people of Australia at Federation in 1901.

It remains on the Statute Books of the Parliament of the United Kingdom. It is a current domestic law of the United Kingdom. It states at Clauses 8 and 2 that the Commonwealth shall be a colony in the sovereignty of the United Kingdom. (see Annexure 1)

Being a colonial law it is a law of subjugation. It is a law that contains no civil rights.

"The British Constitution Act 1900 was for self government. It was never intended to be and is not suitable to be the basis for independence.

The Commonwealth of Australia Constitution Act (UK) 1900 is an Act of the United Kingdom Parliament. The Right to repeal this Act remains the sole prerogative of the Parliament of the United Kingdom. There is no means by which under United Kingdom or international law this power can be transferred to a foreign power or Member State of the United Nations. Indeed, the United Nations Charter itself precludes such an Action.

Lord Chancellor in answer to a Parliamentary Question mid 1995 (The UK Foreign and Commonwealth Office later confirmed the accuracy of this statement.;

The continuing use of "An Act to Constitute the Commonwealth of Australia UK 1900" permits the power base in Australia to dominate over the citizenry.

"The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power. It remains an Act of the United Kingdom. After joining the League of Nations in 1919 Australia became a sovereign nation. It had no further legal power to use, alter or otherwise tamper with another nation’s legislation. Authority over the Australian Constitution Act lies not with the Australian government nor with the Australian people it rests solely with the UK. Only they have the authority to repeal this legislation…. I have heard some Australian politicians and indeed some members of the academe, who should know a lot better discussing how they could alter the wording of the Australian Constitution to form the basis of a future republic – what utter nonsense! ". — Prof. G Clements when he was Emeritus Professor in law at Cambridge University.

As governments, and the bureaucracies that they have sporned, increasingly use their assumed power to dominate over, and engineer Australian society the people have correspondingly looked for answers to ease the resulting pain. This has lead to an ever-growing awareness of the unsuitability of continuing to use a colonial law as the basic law for a now independent sovereign Australia.

Because the conditioning of Australian academics, lawyers and the judiciary result in texts, advice and findings that continue to reflect the original deliberately generated deceits that underlie the "confidence trick of monstrous proportions" these sources do not provide the elixir that is being sought by so many people.

This has resulted in an increasing demand for copies of the document, ‘Australia the Concealed colony.". This is because the foundation for the revelations contained in this document lie, not in the traditional and as now revealed irrelevant teachings of Australia law schools and academic institutions, but in the original documents of history, many of which are reproduced in the annexures to the treatise.

"Australia the Concealed colony!" has been scanned and is in free circulation in CD format. It has been published in book form carries the ISBN 0-9096087-5-X. Because it is now difficult to obtain copies of this book it has been decided to reproduce the document in near to its original format. The only deviation has been to reduce bulk by printing two pages per leaf instead of one. Included in this reproduction are the covering letters that accompanied the document when it was originally presented to the 186 Member Nation States of the UN.

An early examination of the "Supplementary Submission" included at the end of the annexures may prove immediately enlightening.

There are some principles and understandings that the student of the state of our Nation State, the Commonwealth of Australia may find useful to keep in mind when examining the document.

The right of self-determination

The most fundamental of human rights is the right to self-determination.

Because minor interest groups (political parties and those whose interests they serve) continue to use British colonial law to claim the power to govern the Commonwealth of Australia the sovereign people of Australia are prevented from exercising their individual and collective right of self-determination. The right of self-determination is the basic principle on which the United Nations was founded. This right has application universally. It has application from the level of the affairs of the individual right through to the aspirations of a nation. It is the basic expression of freedom from subjugation.

Change of sovereignty

All definitions of sovereignty dictate that where a change of sovereignty occurs there will, by necessity, be an accompanying and unavoidable break in legal continuity.

In Australia’s case, at the point of gaining independence British colonial law and the Queen of the United Kingdom became ultra vires, that is, they became beyond legal authority and they became irrelevancies in relation to the affairs of the Australian people.

Knowledge of this has been, by various means, deliberately concealed from the Australian people so that they could continue to be governed under British colonial law and national assets controlled. Thus in Australia’s case the break in legal continuity resulting from the change in sovereignty that occurred when independence was achieved has not yet been bridged. Instead minor interest groups through the use of ultra vires law and an irrelevant ‘Queen’ have effectively assumed sovereignty over the people and the affairs of the Australian nation. The result is that Australian parliaments and bureaucratic administrations have been used to cause Australian people to conform in ways that serves the purposes of those minor interest groups.

Clever politics, and on going deceit, along with the continuing use of the now ultra vires colonial law "An Act to Constitute the Commonwealth of Australia UK 1900", has made this possible.

A person who is under the dominion or rule of a sovereign, or a colonial power, is a subject of that sovereign or colonial power, and only has such rights as that power may grant. On gaining independence from a colonial power sovereignty passes from that power directly to the citizenry of the now new nation.

The colonial subject becomes a sovereign citizen of the new nation. That citizen now possesses freedom and the right to express that freedom is known as, self-determination. Under international law, the expression of sovereignty cannot pass directly from a colonial power to an individual, such as a Queen, or to a group of individuals, such as a parliament.

So as to maintain harmony within the new nation its citizens usually agree to devolve the exercising of specific aspects, under specific conditions, of their sovereignty to an individual or a group to exercise on their behalf. Of recent times this devolution of sovereignty invariably results in a written constitution. However, the sovereignty of the people always remains superior to the institutions generated by such a constitution.

In the case of Australia, on gaining independence from the United Kingdom, on the first of October 1919, sovereignty passed from the UK Parliament via the Queen of the United Kingdom to the people of Australian.

Since gaining independence the Australian people have never devolved to any individual or group of people the right to express, under any condition, any aspect of their sovereignty on their behalf.

In Australia the rightful expression of that sovereignty remains entirely with the people.

The "Queen", the Governor-General, State Governors and all Australian parliaments exist without the formal authority, or the informed consent, of the sovereign people of Australia. Members sit and deliberate without declaring allegiance to the sovereignty of the Commonwealth of Australia. Instead, in claiming the power to govern over the Commonwealth of Australia all parliamentarians (and others) swear, and subscribe to, a solemn oath of allegiance to the Queen in the sovereignty of the United Kingdom. They declare and subscribe allegiance to a power foreign. The law that they choose to use as the source of their claimed power dictates that they cannot deviate from this requirement.

The United Kingdom, just as it is a power foreign to the United States of America, so is it now, (and has been for over 80 years), a power foreign to the Sovereign Nation State the Commonwealth of Australia. The difference lies in the fact that the people of America won their independence by fighting against the British. Australians won their independence as a result of the huge sacrifices endured by our WW1 Diggers while fighting for the British. An historical fact that has, shamefully, hither-to been concealed.

Website to obtain full UN submission;

http://www.members.westnet.com.au/unrealneil/

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Co-authored by Peter Batten

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