A Proper Preamble
The Australian Constitution is the most important document in the lives of every person living in this country. Of course, very few people would ever think in these terms; many would probably dispute that statement, and the vast majority who know nothing whatsoever about the Constitution, would have no idea what I am talking about.
The Constitution is the foundation for creating all the laws that govern our lives and for that reason alone, it is a crucially important document. However, a nation’s Constitution is, or should be, more than that. The Constitution should be an expression of the fundamental philosophy of the people who wish to live together in a society. In order to do this, a Constitution needs to be a creation of the will of the people, to be understood and embraced by the people and to identify the people as the fountainhead of all political ‘power’.
To be a proper Constitution it needs to clearly define the powers and limitations the people are prepared to delegate to their elected representatives. Any powers not so defined must always remain the right and property of the people. A good Constitution requires a Preamble, which sets out the basic philosophy of their society and the fundamental rights, and principles, that have to be observed in making laws. The Preamble is to be considered an integral part of the Constitution for any subsequent judicial decision involving an interpretation of the Constitution.
The Australian Constitution does none of these things. At root, it is nothing more than a contract between the governments of the 19th century colonies as to how they might share ‘power’ with a central government under a federated arrangement. When an ordinary person reads this Constitution, they cannot help but be appalled by the dictatorial powers allocated to the Governor General. Not only does this office represent the Commander in Chief of the Armed Forces, it also has the power to open or close Parliament at will and to appoint an, undefined, Federal Executive Council to advise on governing the nation. There is no mention of a Prime Minister in the Constitution or any original recognition of political parties. The whole of the Constitution is steeped in 19th century political thinking, which considers the Government as the sole source of power with the authority to control the people as it sees fit. This thinking has been retained right up to the present day, not only by the Government, but also by the High Court of Australia. This Court sees the Constitution, purely as a legal document, to be interpreted and manipulated without any reference to the people who should be its rightful owners.
The Australian people need to include the following type of binding Preamble into any new Constitution that might arise when the current Queen of England, either abdicates or dies.
We, the people of the Commonwealth of Australia, a Federation which was constituted under an Act (63 and 64 Victoria, Chapter 12) dated the ninth day of July 1900, have agreed to adopt this Constitution governing the Federal Commonwealth Parliament, the Government and all the Courts of our Nation, in accordance with our beliefs as set out in this Preamble.
In setting out, herewith, the fundamental beliefs and principles governing the application of this Constitution, this Preamble must always be treated as an integral part of the Constitution in the formulation of Laws and Judicial decisions.
WE hold to the belief that all Australians, including the descendants of the original Aborigine inhabitants, are created equal under the rule of Law, that we are endowed with certain inalienable rights; these include the right to life, liberty and the pursuit of happiness, and it is the Parliament’s responsibility to guarantee that these Rights are sustained..
All Rights are ordained as the possession of the people who accept the associated responsibilities in the interest of our society and the Commonwealth of Australia.
WE further hold to the belief in the Rule of Law as the only viable option for a Democratic Society. This belief is based upon the universal values contained in our historical Common Law heritage.
This heritage is covered by the Great Charters of England, handed down to us through the centuries as part of the development of British Common Law and subsequently incorporated into Australian Common Law.
WE hold these values to be inviolate and that no Parliament, or Court, of the Commonwealth of Australia, shall have the right to deny, or rescind, the inherited rights, freedoms and obligations of any Australian citizen as provided by our Common Law heritage.
WE, the people of Australia, hereby declare that we are a sovereign independent Nation made up of Australian States and Territories.
WE, the people of Australia, further declare that our Parliamentary system shall comprise of an Australian Crown (or Presidency), a House of Representatives and a House of Senators, each of which shall be formed in the manner set down in this Constitution.
WE also declare that the Government of Australia shall be vested and maintained in the four principle, independent, non-political areas covered by the Public Service Departments, the Police Service, all sections of the Judiciary and the Defence Forces of Australia.
All Members of the Australian Crown (or Presidency) as well as every Member of the Australian Parliamentary system and of each of the Government Services designated above, shall, at all times, be responsible to the People of Australia and shall, as provided for in this Constitution, swear to such allegiance by the Oath of Office contained herein.
WE, the people of Australia, declare that the responsibility for the Government of the Commonwealth of Australia shall be vested in the Members of the House of Representatives whom shall appoint, or elect, from their membership, a Prime Minister.
The Prime Minister shall then select an Executive Cabinet, comprising of Members of either the House of Representatives or the Senate, with the duties and responsibilities, as provided for in this Constitution. Members from either House of Parliament shall be selected, by the Prime Minister to act as Ministers in charge of the various Government Departments, but so as no one person shall be a Minister of more than two such Government Departments at any one time.
The High Court of Australia shall be as set out in this Constitution and any judicial decisions relating to this Constitution must be with the unanimous agreement of all the Judges hearing the case.
The remainder of this Constitution shall be divided as follows:-
By including reference to British Common Law and the Great Charters and Acts that form the basis of Australia’s Common Law practice, this Preamble automatically includes the Bill of Rights Act, the Habeas Corpus Act, the principles of the Magna Carta and the other historical Acts that contribute to the development of Common Law.
Over the past 90 years, a great number of people have gone to extraordinary lengths to cover up a fundamental omission that was made in 1920. Australia had the opportunity to become a sovereign and independent nation when we were accepted as a founding member of the League of Nations. It was at that point in time when Australia should have severed all political ties with Britain by creating our own Australian Constitution and formally declaring our sovereignty and independence. That was never done and the original Constitutional Act of the British Parliament remains in place to this day. Politicians and High Court Judges have been clutching at straws ever since in their effort to deceive the nation about its true status in respect to the Monarchy and the United Kingdom. They have even come up with a ridiculous theory of Constitutional evolution, as though this antiquated, but important document has, somehow, acquired a will of its own.
I have finally been able to comprehend why so many, supposedly, learned men and women, both inside and outside of Government and the legal fraternity, have had to resort to these extraordinarily dishonest actions. They had no choice. As long as the Australian Constitution remained an Act of the British Parliament, we could not be an independent nation in spite of what anybody may have said, thought or wished.
This Act of the British Parliament, which was originally titled, “The Commonwealth of Australia Constitution Act 1900 (UK)", puts us in breach of Articles XVIII and XX of the Covenant of the League of Nations (1920-1946) which invalidates the usage of the laws of Member States within the sovereign territory of other Member States. This same breach is carried over to Australia’s membership with the United Nations through Articles 2.1,2. 4, 102 and 103 in the UN Charter. It has been absolutely imperative for the Government and the High Court of Australia to avoid, and deny, any challenge to the Constitution because; such a challenge would immediately impact on the validity of these institutions.