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Dr. Glen Sheil



 
Essential Knowledge About Our Constitution

ESSENTIAL KNOWLEDGE ABOUT OUR CONSTITUTION

The issue of the Constitution is not political.

The Constitution was agreed to for all of us, by Referendum.

We chose our own Australian Crown and a Constitutional Monarchy; it was not forced on us by a jack-booted England.

The Constitution represents the rules by which we all agree to be governed.

The Constitution has to be interpreted in the light of :-

* The Statute of Westminster
* The Australia Act 1986
* The Royal Styles and Titles Act 1953, The Royal Powers Act 1953 & 1985
* Empire Conference Decisions 1926, 1929, 1932
* Eight Referenda (out of 42!)
* Approximately 1,500 International Treaties
* High Court Decisions
* Parliamentary Customs, Practices and Usages
* Letters Patent
* Freedom of Religion, the Media and Independence of the Judiciary.
* Free and Fair Elections

The Constitution is thus a solid skeleton clothed with immense power, most of which is to deny power to rogue leaders.

The means of easily amending the Constitution are built into it. History shows us that the People have always rejected the power grabs of Prime Ministers from both sides of politics, hence the fallacious claim that the Constitution is "too difficult to amend".

The Constitution is short and contains some clauses that may appear to be out of date. It is important to retain these clauses, as they indicate the issues which were exercising the minds of the Founding Fathers at the time of Federation, and, with Constitutions, it is just as important to know where you have been, as it is to know where you are going.

The Preamble to the Constitution is important because, when interpreting the Constitution, High Court Judges use it in coming to their decisions. It is instructive to remember that the men who wrote the undying words ........ "We believe that all men are created equal and endowed by their creator with certain inalienable rights, and among these are life, liberty, and the pursuit of happiness", were owners of slaves

Glenister Sheil. Queenslanders for a Constitutional Monarchy. May 1999.


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