• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
Constitutional crisis if ........ 
1 recipientsCC: recipientsYou MoreBCC: recipientsYouFROM:
•
Mr Gerrit H. Schorel-HlavkaTO:
•
Gerrit H. Sunday, 1 January 2012 2:35 PM
Message Body
THE CALL TO UNITE
 For many years now I have been campaigning in regard of the constitution and the proper interpretation and application of the meaning of the constitution and now it iswell overdue that others join into this..As I made clear the 2001 federal election was unconstitutional as the writs of theelection had been issued on 8 October 2001 even so the Gazette proclaiming thedissolution of the Parliament was not published until 9 October 2001.After all if the police caught you driving without a driving licence on 8 October 2001and you then subsequently have a driver licence issued on 9 October 2001 then thiscannot validate the unlicensed driving as if you were licensed!The same if you steal a car and then getting caught on 8 October 2001 then go to thecar trader on 9 October 2001 and pay for the car and then claim that somehow youdidn’t steal the car on 8 October 2001. As such neither John Howard or others werevalidly elected in 2001. Big deal you may say?Well if John Howard was not validly elected then that means that by maximum hecould have been appointed for a mere 3 months to be Prime Minister and that meansthat at the time of the Iraq invasion on 19 March 2003 he couldn’t have been Primeminister. Hence he has no protection of Office of the Prime Minister, and neither anyother Members of his alleged Cabinet. More over, as only the Governor-General candeclare war and Hollingworth at the time embroiled in to the failure to act in sexualabuse issues didn’t issue any declaration of war to invade Iraq then clearly by this alsoJohn Howard had no constitutional powers to authorise Australian troops to invade a“friendly” nation, being Iraq. Indeed the
Crimes Act 
(CTH) specifically makes itunlawful to act against a friendly country..For years I have pursued a Royal Commission into the invasion into Iraq and it is welloverdue you all support this to be done. Obviously Tony Abbott and Julia Gillard and
 
others would also be implicated by this all as each of them as a Member of Parliamenthad a constitutional obligation to prevent John Howard to unconstitutionally invadeIraq. Australian soldiers who died in Iraq didn’t do so to defend the Commonwealthof Australia as they were rather misused and abused to fight a unconstitutional war and hence I view the families of the fallen soldiers should personally sue JohnHoward and his accomplishes..Prior to the invasion into Iraq I did write to the then General Cosgrove that I view itwould constitute war crime if he were to invade Iraq without first having theGovernor-General declaring war against Iraq and as such he too could be held legallyaccountable for his involvement in the armed invasion and the killing of so many andthe destruction of Iraq..Then the judges of the High Court of Australia should be held legally accountable for their part as I view it of complicity in it all where on not less then 4 occasions theyrefused to accept my s75(v) application against John Howard and others to invadeIraq. The Court simply denied me my constitutional right to adjudicate by simplyrefusing to accept the applications whatsoever.Then consider the issue of nationality and regardless if you are pro republican or promonarchist we all must in the end accept that we have a constitution and that we all,not just ordinary citizens, are bound by the rule of law being the constitution..Then on what constitutional basis could the High Court of Australia sitting as a Courtof Disputed Returns on behalf of the Parliament and not sitting as a High Court of Australia determine that somehow the commonwealth of Australia became over timea independent nation in complete contradiction to what the constitution stands for. Tome this was treason by the High Court of Australia..We are under the Commonwealth of Australia Constitution Act 1900 (UK) and it isand remains to be a British enactment and therefore regardless what may be arguedotherwise we are and remain to be “Subjects of the British Crown”. If we desire toalter this then not unelected judges but We, the People, will pursue to do so in alegitimate manner..We cannot permit judges to fancy their own kind of constitution to be applied that canchange as to their contemporary views as then not a citizen could ever assure himself of what his rights might be. Heather Hill was at the time constitutionally validlyelected but it appears to me the judges of the High Court of Australia made a politicaldecision on behalf of the parliament to declare otherwise. This to me is treason, wherethen they do as if this is an ordinary decision of the High Court of Australia and in the process pervert the course of 
JUSTICE
..Constitutionally any person currently in the Parliament who has sworn alliance to theQueen of Australia would be by section 44 of the constitution be ineligible to sit in the parliament because they have sworn alliance to a foreign Queen (foreign to theconstitution) because the Framers of the Constitution made clear that the Queen in theconstitution relates to the British Crown..
 
I did not participate in the creation of the constitution but I am entitled to have thetrue meaning and application enforced and I call upon all to join me in this battle for  justice..We cannot allow mass murder to be permitted with our sanction as if we accept thatwe can unilaterally invade a “friendly” country as legally Iraq was at the time, thenwhat would stop Indonesia, Japan, china or whatever other country do the same to us?It is in our own interest important that we pursue a Royal Commission.We have the confiscation of property of those ordinary convicted of crimes but yet wedo not do the same for politicians, instead we unconstitutionally reward them with allkinds of benefits. It is because there is a lack of will power by the general communityto hold them accountable that politicians will not just continue but make it worse for us and that is why we need to hold them legally accountable and so also judgesinvolved.Constitutionally the Queen cannot declare war on behalf of the Commonwealth of Australia because only the Governor-General can do so and therefore we have to ask ourselves how often did any Governor-General since federation publish in the Gazettea declaration of war against any nation since federation? And when did any Governor-General publish in the Gazette a declaration of peace, as to formally end the war?Yes, technically we remain at war with any country to which we had a warlikeconduct but didn’t have a declaration of peace published in the Gazette..
Hansard
8-3-1898
Constitution Convention Debates
(Official Record of the Debates of the NationalAustralasian Convention)QUOTE
Mr. ISAACS
.-
We want a people's Constitution
 
,
not a lawyers' Constitution
.END QUOTE
 Hansard
31-1-1898
Constitution Convention Debates
(
Official Record of the Debates of theNational Australasian Convention
)QUOTE
Mr. SOLOMON
.-
We shall not only look to the Federal Judiciary for the protection of our interests, but alsofor the
 
 justinterpretation of the Constitution:
END QUOTE .
Hansard
1-2-1898
Constitution Convention Debates
(
Official Record of the Debates of theNational Australasian Convention
),
 
QUOTE
Mr. OCONNER 
(New South Wales).-
Because, as has been said before, it is [start page 357] necessary not only that theadministration of justice should be pure and above suspicion, but that it should be beyondthe possibility of suspicion;
 END QUOTE
.
Hansard
8-3-1898
Constitution Convention Debates
QUOTE
Sir JOHN DOWNER 
.-Now it is coming out.
The Constitution is made forthe people and the stateson terms that are just to both. 
END QUOTE.
Hansard
8-2-1898
Constitution Convention Debates
QUOTE
Mr. OCONNOR 
.-No, it would not; and, as an honorable member reminds me, there is adecision on the point. All that is intended is that
there shall be some process of law by whichthe parties accused must be heard.
 
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...