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100906-A Warning to Every Politician- Etc

100906-A Warning to Every Politician- Etc

Ratings: (0)|Views: 27|Likes:
I wonder if Julia Gillard is a lawyer then why does she appears to have problems to understand/comprehend what the constitution is about or is it deliberate ignorance? Likewise so for others. Well, we now must show we are not taking it any more and so lets us pursue appropriate legal action to get rid of those who abuse/misuse their powers. We all need to protect our constitution!
I wonder if Julia Gillard is a lawyer then why does she appears to have problems to understand/comprehend what the constitution is about or is it deliberate ignorance? Likewise so for others. Well, we now must show we are not taking it any more and so lets us pursue appropriate legal action to get rid of those who abuse/misuse their powers. We all need to protect our constitution!

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Categories:Types, Research, Law
Published by: Gerrit Hendrik Schorel-Hlavka on Sep 05, 2010
Copyright:Attribution Non-commercial

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09/23/2010

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6-9-2010 Page
1
A warning to every politicianPLEASE NOTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com
To all Members of Parliament
6-9-2010
.
Ref: various constitutional issues
5
A warning to every politician, etcAND TO WHOM IT MAY CONCERN
.
Sir/Madam,This is a warning to all federal politicians as to the severe legal consequences each10and every Member of Parliament may face if acting in defiance of the
RULE OF LAW
(theconstitution). Indeed, Member of Parliament may very well, despite being elected, find they maybe now ineligible to take up a seat in the Parliament where they are guilty of treason or otherwiseare attained. What appears to me is that quite frankly Mr Andrew Wilkie appears to me to begoing on more like some terrorist then as an elected member of House of Representatives15designate. I will set out some matters and this also applies to all
INDEPENDENTS
, theAustralian Greens and not to forget the major political parties and in particular both Julia Gillardand Tony Abbott. Keep in mind that currently there is not a single Member of the House of Representative existing because all and any (elected) are Members of the House of Representative designate and so none can claim having the majority unless and until they20actually have taken up their seats. As a matter of fact Julia Gillard could not continue hercommission past 20 November 2010 unless she has taken up the seat she is elected for becauseshe would otherwise be constitutionally be in conflict with s.64 to exceed the 3-month period!
.
As set out below, electors have two position having both State and Federal franchise (citizenship)25and that is to vote as a State to elect members for the Senate and to vote for the House of Representatives where there are no State boundaries as it is a federal electorate. Mr AndrewWilkie as such is not elected upon State rights but elected in a federal electorate. Hence, heshould not carry on as if he is representing the State of Tasmania but should act that he is amember of the House of Representative designate. Therefor not local policies but federal policies30should be his concern. If he wanted to pursue a strict local State policy then he should have stoodfor the Senate. Also, he seems not to understand the how the constitution meaning andapplication as he is not a Member of Parliament and neither a Member of the House of Representative as such unless he is chosen by the Governor-General to take a seat he was electedfor. And, before he does so anything could happen to disqualify him from taking up the seat. Say,35rightly or wrongly he could be declared a bankrupt. He could be on a pension of the pleasure of the governor-General or whatever. More over, even if he were to take up the seat in the House of Representatives it means that currently he still has no such position because unless and until heactually takes up the seat he is not a Member of Parliament.Thereis more: TheGovernor-General and I repeat the governor-General alone decided who shall40be commissioned to form a government and the Governor-General is not bothered about if thisperson commissioner to form a government has the majority of the House of Representatives, ason 26 December 21900
E. Barton
was commissioned to form a government and there were nomembers of parliament as no elections had been held. The Premier of NSW Lyne had returnedhis commission after failing for 14 days to be able to get enough people willing to form a45government with him because he had opposed federation. Therefore, anyone who has this notionthat they somehow can dictate the Governor-General who to commission to form a governmentin my view doesn’t belong in the Parliament. You cannot have any Member of Parliament or
 
6-9-2010 Page
2
A warning to every politicianPLEASE NOTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com
Member of Parliament designate to disregard the
RULE OF LAW
. Fancy Members of parliament to legislate and expecting citizens to comply with laws enacted when the politiciansthemselves show they do not give a hood about the
RULE OF LAW
.This so called hordes-trading by the
INDEPENDENTS
in my view is a betrayal to the electorsas they were elected to represent the electors as
FEDERAL
MEMBERS OF PARLIAMENT5The point is this that what we now see is that Julia Gillard and Tony Abbott seeking to woeINDEPENDENTS to support them to form a government when in fact their entire conduct in thatregard is unconstitutional and in my view makes them and any other person involved unsuitableto be Members of Parliament. There is a separation of powers and the Parliament and the FederalExecutives are separate bodies. While advisors to the Governor-General (Ministers of State) are10required to be Members of Parliament if they are in the position for longer then 3 months itnevertheless is a ill conceived perception that the Governor-General is obligated to accept theadvise of the Prime Minister or anyone else for that matter as to who the Governor-Generalcommission to form a government. And, the Governor-General is not at all bound to accept theleader of any political party regardless that this political party may have the majority of Members15in the House of Representatives. Being elected to the Parliament has absolutely nothing to dowith the
prerogative powers
of the Governor-General to commission a person to form agovernment and the Governor-General therefore can appoint if needed my person even so I amnot elected to the Parliament, provided that either I only am commissioned up to 3-months unlessI become a Member of Parliament before the 3 months have passed. Say for example the20Governor-General were to appoint me to form a government, then I wouldn’t need anylegislation to be able to do so because governing is by the laws that exist. Obviously if agovernment desires certain legislation to be passed then it would be helpful to have the majorityof the parliament supporting it but if it didn’t happen it doesn’t stop the federal executives fromoperating. Now as to the budget, then obviously there is a need to have this passed because if 25Members of the Parliament were not to do so then their jobs are on the line.If I had my way not a single Member of Parliament would get the so called payment per primaryvote as it is unconstitutional and as such, the legislation is not enforceable and then see howquickly Members of Parliament will ensure legislation to be passed as not getting any paymentper primary vote means they would have to finance elections and then they would rather be more30willing to cooperate with the government of the day. Likewise the
compulsory voting
isunconstitutional as I defeated the Australian Electoral Commission on 19 July 2006 in court onthe charges of 
FAILING TO VOTE
proving that the Commonwealth was specifically denied bythe Framers of the Constitution to make registration and/or voting compulsory!Those who are Members of Parliament and/or Members of Parliament designate must understand35that they are so because of the provisions of the constitution and therefore they are bound toobserve the constitutional meanings and application. Those who are not willing to do so, such asJulia Gillard, Tony Abbott, Andrew Wilkie and others should get out of the Parliament and/ornot become Members of Parliament because in my view they are not worthy to hold a seat in theParliament where they disregard the
prerogative powers
of the Governor-General! It is a total40absurdity for
INDEPENDENT
Members of Parliament designate to dictate as to what a futuregovernment may or may not do or how it has to conduct itself because that is not the function of individual Members of Parliament as the parliament as a whole body determines what powers thefederal executives by way of legislation is provided with and the government of the day then usesthose powers as it deems fit and proper. Fancy Member of the House of Representatives being45defeated in a vote in the Parliament and then to go about to terrorise the government neverthelessto do what he/she dictates or withdraw support for the government of the day.
.
Come on, get a grip on yourself and learn that the constitution belongs to the people andnot to individual Members of Parliament designate.
50We have all those Senate commissions going on and yet, as the quotation below shows aMinister is accountable (responsible) to the House of Representatives only. This perversion of powers to the Senate is an unconstitutional conduct that must be stopped.
 
6-9-2010 Page
3
A warning to every politicianPLEASE NOTE
: Until our websiteHttp://www.office-of-the-guardian.comhas been set up to operate the websiteHttp://www.schorel-hlavka.comwill be the alternative website for contact details.help@office-of-the-guardian.com
EITHER WE HAVE A CONSTITUTION OR WE DON’T
(We either have a constitution orwe don’t!)
.
In my view it is well overdue that candidates standing for an election first learn what theconstitution really stands for because now so to say we may get brain-dead people elected who5haven’t got a clue what is constitutionally permissible and they the will be voting on legislationthat might be totally unconstitutional. After all if they are already engaged in unconstitutionalconduct how then can we trust their competence further? This rot must stop right now and anyMember of Parliament and/or Member of Parliament designate who nevertheless continues withthe rot in my view should be disqualified from holding a seat in the Parliament! I urge therefore10all to consider the various quotations below also!
.
Hansard
15-4-1897 
Constitution Convention Debates
QUOTE
Mr. O'CONNOR:
There are only two limitations to the Subjects which may come under the head of 
15
"manner of choosing."
One is that the member is to be chosen by the people of the States as oneelectorate.
That cannot be altered.
The other is that the qualification shall be as stated for the House of Representatives, and one man shall have one vote.
Those two things are expressly provided for, andtherefore the "manner" cannot touch them. They really put the very basis upon which the Senate is elected.
END QUOTE20
.
Before we deal with the issue of franchise we ought to also attend to the issue that “citizenship”can only be obtained as a political rights and has got absolutely nothing to do with “nationality”and any person who desires to be in the Parliament and cannot even grasp the concept of what isconstitutionally applicable should never take up a seat in the Parliament!25
.
As a
CONSTITUTIONALIST
I consider matters as to the true intention of the Framers of theConstitution.
.
http://www.austlii.edu.au/cgi-
30
bin/disp.pl/au/cases/cth/high_ct/1999/27.html?query=%22thi+act+and+all+law+made+by+the+parliament%22#fn50QUOTE
Constitutional interpretationThe starting point for a principled interpretation of the Constitution is the search for theintention of its makers[51].
35
END QUOTE
.
Hansard
1-3-1898
Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
40
Mr. GORDON.-There will be more than one sentry.In the case of a federal law, every memberof a state Parliament will be a sentry, and, every constituent of a state Parliament will be asentry. As regards a law passed by a state, every man in the Federal Parliament will be asentry, and the whole constituency behind the Federal Parliament will be a sentry.
END QUOTE45
.
Hansard
2-3-1898
Constitution Convention Debates
QUOTE
Mr. HIGGINS.-The particular danger is this: That we do not want to give tothe Commonwealth powers which ought to be left to the states. The point is that
50
we are not going to make the Commonwealth a kind of social and religious powerover us.
END QUOTE
.
HANSARD
1-3-1898
Constitution Convention Debates
55QUOTE
Mr. GORDON.-

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