A People's Constitution

The purpose for creating this webpage is my effort in trying to generate an awareness of the need to make Australia a true and properly legal independent nation. 

As long as we retain the British Act as our Constitution, and as long as the British Government refuses to repeal their Act, Australia cannot be independent.

I have written two books on this issue; the first, my years of research and involvement with this Act since 1973, and a second book analysing every Chapter, Section and subSection in the light of today's perspective and the history over the past 114 years.

Both books, "A Constitutional Journey" and "The Australian Constitution as it is Actually Written" are freely available as eBooks.

Request either or both books from the author at guggzie@gmail.com and they will be sent via email.

In view of the demand, I shall be closing this offer at the end of February. Thank you all for your support.

 

THE NATION'S PRIMARY LAW IS THE MOST IMPORTANT DOCUMENT IN YOUR LIFE

The Australian Constitution is the most important document in the lives of every person living in this country. While 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.

However, since 1998, and possibly long before that, there have been many people involved in developing a true and proper people's Constitution for a sovereign and independent Australia. 

That development has now come to fruition and the opening chapters can be viewed in the page above titled A Draft Constitution.

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. 

The current British Act Australia uses as their 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 British Act 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.

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.

The following are the preliminary notes explaining the intent and purpose of how the people got together and developed this draft of a truly Australian Constitution.

NOTES ON THE DRAFT CONSTITUTION 

Part of the fundamental aim in writing this Constitution is to write it a way that the words can be read to make the intention clearly understood. Hopefully, this will leave little opportunity for manipulation, misinterpretation and deliberate distortion of the intent. 

This Constitution follows a rare and unique approach in the annals of Constitutional law and theory, as it is compiled, virtually entirely, by hundreds of ordinary Australian people. It is intended to be a philosophical document as much as it is a legal document. 

This comes from the fact it is partly based on the responses received from a series of public conventions in various Australian States, organised and sponsored by Joe Bryant’s Alternative 3 Movement in 1998 and 1999. The responses resulting from those earlier conventions came from the common sense of hundreds of interested people, some with experience in politics and law. The Alternative 3 Movement did produce its own draft Constitution, and this new Constitution version incorporates part of that work. This updated version is also based on the author’s recently published book, “The Australian Constitution as it is Actually Written.” That book analysed the current Constitution from today’s perspective and in the light of the many significant events that have occurred over the past 114 years. It is also the first time in 114 years that such a clause by clause, section by section, detailed analysis has been done for this now antiquated and out of date document. The whole focus of this new Constitution is from the perspective of “the people” in defining the powers and limitations the people are prepared to delegate to their elected representatives. This approach clearly distinguishes the people’s representatives from the political party’s representatives. By extension, the powers and limitations apply to every Government instrumentality that is created through this Constitution.

This is a truly unique Constitutional concept where a Head of State has specifically limited executive power; where an independent Council of people also operate without executive power - but is a body of people who can operate as independent adjudicators. The Parliament is the only instrument invested with executive power, but that power is restrained by the Constitution. It is the Council’s responsibility to ensure all legislation complies with the Constitution prior to the Head of State giving assent. The Parliament in turn, is under the control of the people through defined constitutional processes, starting with elections after each fixed term in office, swearing allegiance to the people under Oaths of Office, a citizen's recall process, a lawful impeachment process right to the top of the political/bureaucratic chain, and an independent and public Periodic Constitutional Review Process to keep the Constitution relevant and up to date. 

As far as can be discovered, no other accepted Constitution in modern history has truly been written in this context and from this perspective, although some may claim to do so.

The primary issue related to this exercise of writing a new Constitution, is whether the people truly want Australia to become an independent nation, free of all the legal, political and constitutional ties with the United Kingdom. That should have happened in 1919 when we were admitted as, supposedly, independent members at the formation of the League of Nations. Although there was one attempt in 1920 to formalise our independence, it failed, and ever since we have been tied to Britain’s apron strings.

The following statement was made in 1920 by Sir Geoffrey Butler KBE, MA and Fellow, Librarian and Lecturer in International Law and Diplomacy of Corpus Christi College, CAMBRIDGE, author of "A Handbook to the League of Nations". He refers to Article I of the Covenant of the League of Nations. "It is arguable that this Article is the Covenant’s most significant single measure. By it the British Dominions, namely, New Zealand, Australia, South Africa, and Canada, have their independent nationhood established for the first time. There may be friction over small matters in giving effect to this internationally acknowledged fact, but the Dominions will always look to the League of Nations Covenant as their Declaration of Independence." (source – Annotated Covenant of the League of Nations - League of Nations archives - Geneva, Switzerland).

The late Professor G. Clements, Eminent UK QC and emeritus Professor in Law at Cambridge University, is also reputed to have understood the true legal position of the Australian Constitution when he is said to have remarked,

‘The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power. It remains an Act of the United Kingdom. After joining the League of Nations in 1919, Australia became a sovereign nation. It had no further legal power to use, alter or otherwise tamper with another nation’s legislation. Authority over the Australian Constitution Act lies not with the Australian government nor with the Australian people, it rests solely with the UK. Only they have the authority to repeal this legislation ...’

The fact still remains true to this day – as long as we continue to use the Commonwealth of Australia Constitutional Act as our Constitution, clearly an Act of the British Parliament, we cannot be an independent nation. There are only two ways Australia can become independent of the UK, one is for the British Parliament to repeal that Act, the other requires the Australian people to take unilateral action and declare our independence.

There are no other options.

Basically, there are three ways we can choose for writing a new Australian Constitution. The first is to do what was proposed in 1999; to modify the existing Constitution, but rather than the deceitful “minimalist” change, bring the antiquated document up to date and make it relevant to the system of Government in place. The second option is to do a complete rewrite starting from scratch and picking out any relevant bits from any other source and adapt them to the Australian environment. The third option is to use the existing Constitution as a base, in as far as some parts have been proven viable, but to change the philosophic foundation and re-write the new Constitution from the perspective of the people. This would create a properly relevant Constitution defining the system of Government and the powers and limitations the people are prepared to allow their elected representatives.

While it tends to be taken for granted that the people of Australia want the nation to be considered as a “democracy,” there seems to be little understanding of what “democracy” actually means. Probably, the best definition is the one provided by Abraham Lincoln as, “Government of the people, for the people and by the people.”

Having a vote does not define a “democracy,” but it is part of the definition along with issues such as “free speech,” the right to life, freedom of choice, and the recognition that the people are the foundation of all political power. A democratic Government is there to serve the people; the people are not there to serve the Government.

The purpose of a people’s Constitution - While a people’s Constitution must be about the people’s rights and freedoms, it must also deal with their responsibilities and the authority the people are prepared to delegate to their elected representatives. Just as importantly, a people’s Constitution needs to focus on the authority of leadership, by stipulating in some detail, how this leadership must be for the benefit of the people, and the nation, and not develop into an authority beyond the control of the people.