CHAPTER 1

PART 1

 THE FOUNDATION OF THE AUSTRALIAN COMMONWEALTH

 

  1. This new and relevant Constitution for an independent Australia adapts some of the concepts from the original Constitution of the Commonwealth of Australia as established by an Act of the British Parliament on the 9th July 1900. This new Constitution defines certain of those concepts as the foundation for establishing the primary law of the Australian Commonwealth. A major difference between the original Constitution and this new Constitution is the philosophical declaration outlined in the Preamble. It represents the basic philosophy for the society, which the people of the sovereign and independent Australia, choose to live by.
  2. The legal principles of this new Australian Constitution are based on the Australia’s inherited Common Law practices, but shall be as modified and/or defined in this Constitution. Australia’s Common Law is derived from the British Common Law, as contained in the established and accepted Charters from past centuries of British history.
  3. The sovereign and independent nation of Australia shall be known by its full title as the Commonwealth of Australia. For the purposes of this Constitution, and other appropriate use, the short title of the Commonwealth can be used.
  4. The ultimate authority for the Commonwealth shall be vested in the Australian Council as defined in Chapter 1 Part 2 of this Constitution. The Federal Parliament of the Commonwealth shall be as defined in the Preamble and consist of a House of Representatives and a House of Senators, whose duties and functioning are detailed in Chapter 2, Parts 1, 2, 3 and 4.
  5. The Parliaments of the Commonwealth, both State and Federal, and the entire Australian Governmental system, which includes the office of the Nation’s Head of State, the Australian Council, and all Australian Courts, shall be bound by the principles contained in the heritage of British Common Law, which subsequently forms the basis of Australian Common Law.
  6. These principles are derived from the British Common Law Charters and enactments, of which some of main ones are as listed:

Edward I. (Magna Carta) c. XXIX 1297:

Charles I. c. I (Habeas Corpus) 1640:

Charles II. c. 1 (Habeas Corpus) 1679:

Bill of Rights 1688 Will and Mary

English Bill of Rights 1689

George III (Habeas Corpus Act) 1816:

None of these Charters and/or enactments shall limit the subsequent development of Australian law and practice with respect to the principles of       democracy, egalitarianism, and a sense of fair play that is an inherent part of       the Australian character.

7. Australia shall be governed as one independent Nation, and no Federal Parliament shall legislate to divide the Nation. This does not prevent the formation of new States within the nation, if the will of the people should assent to such action through a referendum.

8. The Federal Parliament shall not delegate the making of, or variation of laws, or the setting of regulations subject to laws made by this Parliament, other than under the principles provided for in Sections 5, 6 and 12 of this Constitution.

9. The Australian system of a three tier elected, Local, State, and Federal Government, under the office of the Australian Council, through the Nation’s Head of State, shall continue in accordance with, and subject to, this Constitution.

10. Australia is declared a monetary sovereign Nation and the administration of its money supply is hereby placed, and shall remain, under the total control of the Nation’s Parliament through a Monetary Authority as set up in Chapter 4 Part 1. The supply of the Nation’s money, in whatever form it takes, shall be regulated in accordance with the productive and consumption capacity of the growing population and the growing economy. The fundamental purpose of the Constitutional Monetary Authority shall be in optimising the employment opportunities for any citizen willing and able to work. The Australian money supply shall be issued under laws made by Federal Parliament, subject to the provisions set out in Chapter 4 Part 1 of this Constitution.

11. The Australian flag shall be adopted in accordance with the will of the people, as determined through a nation wide plebiscite. The Australian flag shall be flown each operating day at all schools and at all State and Federal Government offices.

12.The reference to good Government in this Constitution shall mean, but not be limited to, the framework and maintenance of a Society that fosters, and practices, the right of independent personal and economic freedom that does not unlawfully encroach on the similar right of other people. Good Government also means that the citizens of Australia shall be free from Government, or other unwarranted interference, or prying. This shall include the freedom to use, within the law, all public places and facilities without fear from any sector, and the freedom to have and enjoy one’s property and privacy without unwarranted and unlawful intrusion by any person whatsoever. While this Constitution recognises that all Government laws do impact on the unrestrained freedom of the people, those laws can also serve to protect their freedom, thus good Government requires that all laws be subordinated to maximizing the concept of individual freedom for the people legitimately living in the Australian nation and its Territories.

13. As this Constitution is clearly defined as the property of the people of Australia, it shall only be amended or altered by way of the provisions contained herein, and specifically in Chapter 9 Part 1, but with the exception of any sections prohibiting alteration, e.g. Section 97.