So many people are making an issue about Aboriginals either pro or con, but it seems no one really bothers to consider what is constitutionally appropriate. As a CONSTITUTIONALIST I view that is the first issue one should address.
So many people are making an issue about Aboriginals either pro or con, but it seems no one really bothers to consider what is constitutionally appropriate. As a CONSTITUTIONALIST I view that is the first issue one should address.
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So many people are making an issue about Aboriginals either pro or con, but it seems no one really bothers to consider what is constitutionally appropriate. As a CONSTITUTIONALIST I view that is the first issue one should address.
Copyright:
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Download as DOC, PDF, TXT or read online from Scribd
. The Northern Territory is not governed by s.116 as the Commonwealth within s.122 can legislate as to religion as like any State can. As such the Northern Territory Parliament can legislate as to religion, just not that of Aboriginals as they are part of a race. As like any state a State government can legislate as to religion, just not that of any specific race like Aboriginals. The Commonwealth of Australia within s.122 is not acting as a Commonwealth of Australia for the whole of the Commonwealth but is only legislating in regard to any territories, and s.116 does not then apply as such. . However, the States and so the Territories can legislate as to religion if it is a general law provided it doesn’t clash with Commonwealth legislative provisions that are for a race or for the whole of the Commonwealth. . Ok, this is something Sam obviously didn’t realise. . As such, the Commonwealth neither can give away land as some agreement with Aboriginals such as Eyer Rock because it would not be a matter relating to “all Aboriginals” and neither be for the “whole of the commonwealth” as a federal matter. As for the northern Territory, it neither can do so because it would mean to legislate specifically for a race, Aboriginals and this is not permitted by s.51(xxvi) of the constitution. . It means that if I were to travel to there no Aboriginal could interfere with my right to walk about because constitutionally all and any purported hand over of land to Aboriginals was ULTRA VIRES. . What we have is that Aboriginals have been conned ongoing and so the rest of the community and all this fancy statements such as the “SORRY” bit all really comes to nothing. . Who was Kevin Rudd to say “SORRY” for the Parliament when he has no such constitutional powers in the first place? . Who is Kevin Rudd to say “SORRY” for the past Parliaments when he has had no such powers in the first place? . If he said “SORRY” for the current Federal government just after winning election then what was he “SORRY” about that he did wrong since elected, in such a short time? . And, consider this that despite having stated “SORRY” on a political propaganda manner he nevertheless continued with the unconstitutional NORTHERN TERRITORY INTERVENTION well this just proves how “SORRY” he was and is! . Recognise a chameleon and you might just realise all was a momentum public relations con job! . Continue along this path and continue to disregard what I have been stating and you all deserves every bit of the con-job that is bestowed upon you all. . As I have made clear time and time again the only way to deal with matters is not the bleeding heart approach and get some public relations exercise serving politicians but having no real meaning let alone benefits for Aboriginals but to work on basis of what is constitutionally applicable and permissible. And those who refuse to do so are in fact more of a danger to Aboriginals then those who do not listen to Aboriginals and the s.51(xxvi) con-job referendum if anything should be prove enough about this. . Let me give you an example: . When I was before the trial judge representing Frank, I didn’t make some hard luck story or some bleeding heart story to try to get Frank of being imprisoned, to the contrary, as the transcript shows, I made clear I would not seek anything else but Frank to be imprisoned if Her Honour found Frank deserved to be imprisoned because of legal wrongdoing. However, as I made clear Frank was innocent of any legal wrongdoing and so it was not relevant what any term of imprisonment the trial judge otherwise might hand out because you cannot imprison an innocent person. In the end the judge accepted I was right. Now, before I took over a law professor had represented Frank and had pursued to get Frank to be mentally incompetent so he would not end up in prison. . How stupid to pursue mental incompetence where Frank had done nothing legally wrong? . As I have set out also in my previous published books in the INSPECTOR- RIKATI® series on certain constitutional and other legal issues, the 1967 con-job referendum to amend s.51(xxvi) should be declared invalid as it was a gross deception upon the electors [And as I made clear the federal government had been previously advised it would required a special new section and not use s.51(xxvi)] so that all past legislation is declared to be ULTRA VIRES. . That to me is the correct manner to deal with it all! . I will not set out all relevant issues as I have done so in my books and one can read it, for example, free of charge in the National Library of Australia at Canberra! . I invite anyone to set out to me where in the constitution it is stated that the Federal government can enter in a treaty with any race within the Commonwealth of Australia? If it isn’t in it then all this nonsense of the Commonwealth to make some treaty with Aboriginals is precisely that “NONSENSE” . In my view the Federal government (and so those before them) are using Aboriginals and others as fools to take their nonsense. Well if that is what you are on about then you deserved to be conned! . If however you do want what is constitutionally appropriate then and only then write about matters as otherwise each person is causing more harm to the plight of the Aboriginals then those who ignore it all together. . Gerrit . Mr G. H. Schorel-Hlavka . 28-5-2010 .