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1
2
3 Mr Andrew Wilkie MP 21-3-2024
4 Email: [email protected]
5
6 Cc; Jennifer Robinson (can you pass it on to her?)
7
8 Re Mr. Julian Assange
9
10 NOT RESTRICTED FOR PUBLICATION
11 Sir,
12 I understand you went over to the UK to support the release of Mr Julian Assange. I hereby
13 will seek to provide you with some information which I view has been overlooked by the British
14 courts and should assist in the release of Mr. Julian Assange. I rely by this upon 2 successful
15 unchallenged appeals on constitutional grounds in AEC v Schorel-Hlavka of 19 July 2006 also.
16
17 Mr. Julian Assange is an Australian and as such entitled to the full force of the law, including the
18 true meaning and application of the Commonwealth of Australia Constitution Act 1900 (UK).
19 As this is a British constitution law it therefore is part of British law. The Brits refer to their
20 unwritten constitution but in effect it means the combination of past legislation as well as court
21 decisions, including the Commonwealth of Australia Constitution Act 1900 (UK).
22
23 I am well aware that the High Court of Australia in Sue v Hill claimed that the Commonwealth
24 of Australia is an independent country just that the Framers of the Constitution made clear:
25
26 Hansard 2-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
27 Convention)
28 QUOTE Mr. DEAKIN (Victoria).-
29 The record of these debates may fairly be expected to be widely read, and the observations to which I
30 allude might otherwise lead to a certain amount of misconception.
31 END QUOTE
32
33 Regretfully, the High Court of Australia in 1904 prohibited the use of the Hansard records and
34 did so for about 70 years. By this numerous judicial decisions were made which if now reviewed
35 based upon the Hansard records would be found to have been wrongly decided.
36 There is nothing to prevent the UK Parliament to legislate any Commonwealth of Australia
37 Constitution Act 1900 (UK) Amendment Act, this as it engaged in the original legislation.
38 During the debates the Framers of the Constitution referred to the issue of “republic” and it was
39 made clear that the constitution could not be used to change the Commonwealth of Australia into
40 some republic. They also stated:
41
42 Hansard 2-3-1898 Constitution Convention Debates
43 QUOTE
44 Mr. SYMON ( South Australia ).-
45 In the preamble honorable members will find that what we desire to do is to unite in one
46 indissoluble Federal Commonwealth -that is the political Union-"under the Crown of the
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1 United Kingdom of Great Britain and Ireland, and under the Constitution hereby
2 established." Honorable members will therefore see that the application of the word
3 Commonwealth is to the political Union which is sought to be established. It is not
4 intended there to have any relation whatever to the name of the country or nation which we
5 are going to create under that Union . The second part of the preamble goes on to say that it
6 is expedient to make provision for the admission of other colonies into the Commonwealth.
7 That is, for admission into this political Union, which is not a republic, which is not to
8 be called a dominion, kingdom, or empire, but is to be a Union by the name of
9 "Commonwealth," and I do not propose to interfere with that in the slightest degree.
10 END QUOTE
11
12 French J ( of WA, Later French CJ of the HCA) made clear that Section 51(xxxvii) did no more
13 but provide the Commonwealth to accept a State reference of legislative power but that the
14 power for a State to refer legislative power to the Commonwealth had to be found elsewhere.
15
16 Because States were created within Section 106 “subject to this constitution” they then are
17 bound by the true meaning and application of the legal principles embedded in the constitution.
18 Likewise, Subsection 51(xxxviii) merely provides the Commonwealth to accept such request but
19 the States cannot validate such request without a State referendum approved by the State electors
20 to allow for such request. This, as in regard of both Subsections 51(xxxvii) and (xxxviii) it would
21 effect the judicial powers of the State Court(s).
22
23 Due to the separation of powers the State Parliament/Executives cannot interfere with the
24 original jurisdiction of a State Supreme Court as only the State electors by State referendum can
25 authorise this. Likewise, with amending a State constitution a State referendum must approve of
26 this. To my understanding no such State referendum was held.
27
28 HANSARD 10-03-1891 Constitution Convention Debates
29 QUOTE
30 Dr. COCKBURN: All our experience hitherto has been under the condition of
31 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
32 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
33 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
34 have not only the power of legislation, but the power of amending their constitutions. That
35 must disappear at once on the abolition of parliamentary sovereignty. No parliament
36 under a federation can be a constituent body; it will cease to have the power of
37 changing its constitution at its own will. Again, instead of parliament being supreme, the
38 parliaments of a federation are coordinate bodies-the main power is split up, instead of
39 being vested in one body. More than all that, there is this difference: When parliamentary
40 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
41 into existence a powerful judiciary which towers above all powers, legislative and
42 executive, and which is the sole arbiter and interpreter of the constitution.
43 END QUOTE
44
45 There is constitutionally that is no such country named “Commonwealth of Australia” and
46 neither can there be a “nationality” called “Australian citizenship”!
47 In AEC v Schorel-Hlavka on 19 July 2006 I (representing myself) and having filed and served a
48 NOTICE OF CONSTITUTIONAL MATTER IN 2002) succeeded in both appeals without the
49 Commonwealth and any of the 9 Attorney-General’s opposing me.
50 The above stated issue regarding Commonwealth of Australia was on 19 July 2006 before the
51 Court! Had I been wrong then obviously the Commonwealth and any or all of the 9 Attorney-
52 Generals would have challenged me on this.
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1
2 Actually, when it came to the Iraq invasion, this was part of the case that it was unconstitutional,
3 and also that the High Court of Australia on 18 February 2003 and on 18 March 2003 refused to
4 accept my Application. However, again, neither the Commonwealth or any of the 9 Attorney-
5 General challenged me on this on 19 July 2006..
6
7 We therefore have to consider what the true status of any Australian is!
8
9 It must be clear that the terminology used by the Framers of the Constitution are; “British
10 subject”, “to make persons subjects of the British Empire.”, “with the consent of the Imperial
11 authority”, “What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am
12 a citizen of the state and I am also a citizen of the Commonwealth; that is the dual citizenship.”,
13 “we are all alike subjects of the British Crown.” We have a High Court of Australia that appears
14 to me being political motivated to try to alter the Constitution by stealth by endorsing a substitute
15 Constitution!
16
17 HANSARD 2-3-1898 Constitution Convention Debates
18 QUOTE
19 Mr. BARTON.-I did not say that. I say that our real status is as subjects, and that
20 we are all alike subjects of the British Crown.
21 END QUOTE
22
23 Hansard 2-3-1898 Constitution Convention Debates
24 QUOTE
25 Dr. QUICK.-If we are to have a citizenship of the Commonwealth higher, more comprehensive, and nobler
26 than that of the states, I would ask why is it not implanted in the Constitution? Mr. Barton was not present
27 when I made my remarks in proposing the clause. I then-anticipated the point he has raised as to the position
28 we occupy as subjects of the British Empire. I took occasion to indicate that in creating a federal
29 citizenship, and in defining the qualifications of that federal citizenship, we were not in any way
30 interfering with our position as subjects of the British Empire. It would be beyond the scope of the
31 Constitution to do that. We might be citizens of a city, citizens of a colony, or citizens of a
32 Commonwealth, but we would still be, subjects of the Queen. I see therefore nothing unconstitutional,
33 nothing contrary to our instincts as British subjects, in proposing to place power in this Constitution to
34 enable the Federal Parliament to deal with the question of federal citizenship.
35 END QUOTE
36
37 Hansard 31-1-1898 Constitution Convention Debates
38 QUOTE Mr. SOLOMON.-
39 We shall not only look to the Federal Judiciary for the protection of our interests, but also for the just
40 interpretation of the Constitution:
41 END QUOTE
42
43 Hansard 1-4-1891 Constitution Convention Debates
44 QUOTE Mr. MUNRO:
45 I do not see the necessity for considering the hon. member's proposal at the present time. I am proud of
46 being a citizen of the great British empire, and shall never fail to be proud of that position. I have no
47 desire to weaken a single link binding us to that empire, whether as regards the appointment of a
48 governor-general or anything else.
49 END QUOTE
50
51 Hansard 2-3-1898 Constitution Convention Debates
52 QUOTE
53 Mr. SYMON.-The honorable and learned member is now dealing with another matter.
54 Would not the provision which is now before us confer upon the Federal Parliament the
55 power to take away a portion of this dual citizenship, with which the honorable and
56 learned member (Dr. Quick) has so eloquently dealt? If that is the case, what this
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1 Convention is asked to do is to hand over to the Federal Parliament the power, whether
2 exercised or not, of taking away from us that citizenship in the Commonwealth which we
3 acquire by joining the Union. I am not going to put that in the power of any one, and if it is
4 put in the power of the Federal Parliament, then I should feel that it was a very serious blot
5 on the Constitution, and a very strong reason why it should not be accepted. It is not a
6 lawyers' question; it is a question of whether any one of British blood who is entitled to
7 become a citizen of the Commonwealth is to run the risk-it may be a small risk-of
8 having that taken away or diminished by the Federal Parliament! When we declare-
9 "Trust the Parliament," I am willing to do it in everything which concerns the working out
10 of this Constitution, but I am not prepared to trust the Federal Parliament or anybody to
11 take away that which is a leading inducement for joining the Union.
12 END QUOTE
13 .
14 Hansard 2-3-1898 Constitution Convention Debates
15 QUOTE
16 Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will
17 come under the operation of the law, so as to be a citizen of the Commonwealth, who
18 would not also be entitled to be a citizen of the state? There ought to be no opportunity for
19 such discrimination as would allow a section of a state to remain outside the pale of the
20 Commonwealth, except with regard to legislation as to aliens. Dual citizenship exists, but it
21 is not dual citizenship of persons, it is dual citizenship in each person. There may be two
22 men-Jones and Smith-in one state, both of whom are citizens of the state, but one only
23 is a citizen of the Commonwealth. That would not be the dual citizenship meant.
24 What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am a
25 citizen of the state and I am also a citizen of the Commonwealth; that is the dual
26 citizenship. That does not affect the operation of this clause at all. But if we introduce this
27 clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those who say
28 that it is putting on the face of the Constitution an unnecessary provision, and one which
29 we do not expect will be exercised adversely or improperly, and, therefore, it is much
30 better to be left out. Let us, in dealing with this question, be as careful as we possibly, can
31 that we do not qualify the citizenship of this Commonwealth in any way or exclude
32 anybody [start page 1764] from it, and let us do that with precision and clearness. As a
33 citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want
34 to place in the hands of the Commonwealth Parliament, however much I may be
35 prepared to trust it, the right of depriving me of citizenship. I put this only as an
36 argument, because no one would anticipate such a thing, but the Commonwealth
37 Parliament might say that nobody possessed of less than £1,000 a year should be a citizen
38 of the Federation. You are putting that power in the hands of Parliament.
39 Mr. HIGGINS.-Why not?
40 Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must
41 rest this Constitution on a foundation that we understand, and we mean that every
42 citizen of a state shall be a citizen of the Commonwealth, and that the Commonwealth
43 shall have no right to withdraw, qualify, or restrict those rights of citizenship, except
44 with regard to one particular set of people who are subject to disabilities, as aliens, and so
45 on.
46 END QUOTE
47
48 Hansard 2-3-1898 Constitution Convention Debates
49 QUOTE Mr. BARTON.
50 If we are going to give the Federal Parliament power to legislate as it pleases with
51 regard to Commonwealth citizenship, not having defined it, we may be enabling the
52 Parliament to pass legislation that would really defeat all the principles inserted
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1 elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is
2 not what is meant by the term "Trust the Federal Parliament."
3 END QUOTE
4
5 Hansard 8-2-1898 Constitution Convention Debates
6 QUOTE
7 Mr. SYMON (South Australia).-I think the honorable member (Mr. Wise) has expanded
8 the spirit of federation far beyond anything any of us has hitherto contemplated. He has
9 enlarged, with great emphasis, on the necessity of establishing and securing one
10 citizenship. Now, the whole purpose of this Constitution is to secure a dual
11 citizenship. That is the very essence of a federal system. We have debated that matter
12 again and again. We are not here for unification, but for federation, and the dual
13 citizenship must be recognised as lying at the very basis of this Constitution.
14 END QUOTE
15
16 Hansard 8-3-1898 Constitution Convention Debates
17 QUOTE
18 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and
19 the states on terms that are just to both.
20 Mr. DEAKIN.-It is made for the lawyers under this clause.
21 Sir JOHN DOWNER.-I do not think so. If you say "Trust the Parliament," no
22 Constitution is required at all; it can simply be provided that a certain number of gentlemen
23 shall be elected, and meet together, and, without limitation, do what they like. Victoria
24 would not agree to that. But there is a desire to draw the very life-blood of the
25 Constitution, so far as the states are concerned, by this insidious amendment, which would
26 give the Houses authority from time to time to put different constructions on this most
27 important part of the Constitution. I hope we will do as we have done in many instances
28 before, in matters that have been much debated-adhere to the decision we have already
29 arrived at.
30 END QUOTE
31
32 Hansard 8-2-1898 Constitution Convention Debates
33 QUOTE
34 Mr. SYMON (South Australia).-I think the honorable member (Mr. Wise) has expanded the spirit of
35 federation far beyond anything any of us has hitherto contemplated. He has enlarged, with great emphasis, on
36 the necessity of establishing and securing one citizenship. Now, the whole purpose of this Constitution is
37 to secure a dual citizenship. That is the very essence of a federal system. We have debated that matter again
38 and again. We are not here for unification, but for federation, and the dual citizenship must be recognised as
39 lying at the very basis of this Constitution.
40 END QUOTE
41
42 WATSON v_ LEE (1979) 144 CLR 374;( JUDGE3 STEPHEN J.)
43 QUOTE
44 As Scott L.J. said in Blackpool Corporation v. Locker (1948) 1 KB 349, at p
45 361 , speaking there of sub-delegated legislation, "there is one quite general
46 question . . . of supreme importance to the continuance of the rule of law
47 under the British constitution, namely, the right of the public affected to
48 know what that law is". The maxim that ignorance of the law is no excuse forms the
49 "working hypothesis on which the rule of law rests in British democracy" but to
50 operate it requires that "the whole of our law, written or unwritten, is accessible to
51 the public - in the sense, of course, that at any rate its legal advisers have access to it at
52 any moment, as of right".
53 END QUOTE
54 Again;

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 Page 6

1 QUOTE
2 it requires that "the whole of our law, written or unwritten, is accessible to the public
3 - in the sense, of course,
4 END QUOTE
5
6 Hansard 2-3-1898 Constitution Convention Debates QUOTE
7 Mr. BARTON.-Yes; and here we have a totally different position, because the actual right which a
8 person has as a British subject-the right of personal liberty and protection under the laws-is secured
9 by being a citizen of the States. It must be recollected that the ordinary rights of liberty and protection by
10 the laws are not among the subjects confided to the Commonwealth.
11 END QUOTE
12
13 Hansard 2-3-1898 Constitution Convention Debates
14 QUOTE Mr. BARTON.
15 If we are going to give the Federal Parliament power to legislate as it pleases with
16 regard to Commonwealth citizenship, not having defined it, we may be enabling the
17 Parliament to pass legislation that would really defeat all the principles inserted
18 elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is
19 not what is meant by the term "Trust the Federal Parliament."
20 END QUOTE
21
22 Hansard 17-3-1898 Constitution Convention Debates
23 QUOTE Mr. BARTON.-
24 Providing, as this Constitution does, for a free people to elect a free Parliament-giving that people
25 through their Parliament the power of the purse-laying at their mercy from day to day the existence
26 of any Ministry which dares by corruption, or drifts through ignorance into, the commission of any
27 act which is unfavorable to the people having this security, it must in its very essence be a free
28 Constitution. Whatever any one may say to the contrary that is secured in the very way in which the
29 freedom of the British Constitution is secured. It is secured by vesting in the people, through their
30 representatives, the power of the purse, and I venture [start page 2477] to say there is no other way
31 of securing absolute freedom to a people than that, unless you make a different kind of Executive
32 than that which we contemplate, and then overload your Constitution with legislative provisions to
33 protect the citizen from interference. Under this Constitution he is saved from every kind of
34 interference. Under this Constitution he has his voice not only in the, daily government of the
35 country, but in the daily determination of the question of whom is the Government to consist. There
36 is the guarantee of freedom in this Constitution. There is the guarantee which none of us have sought
37 to remove, but every one has sought to strengthen. How we or our work can be accused of not
38 providing for the popular liberty is something which I hope the critics will now venture to explain,
39 and I think I have made their work difficult for them. Having provided in that way for a free
40 Constitution, we have provided for an Executive which is charged with the duty of maintaining the
41 provisions of that Constitution; and, therefore, it can only act as the agents of the people. We have
42 provided for a Judiciary, which will determine questions arising under this Constitution, and with all
43 other questions which should be dealt with by a Federal Judiciary and it will also be a High Court of
44 Appeal for all courts in the states that choose to resort to it. In doing these things, have we not
45 provided, first, that our Constitution shall be free: next, that its government shall be by the will of the
46 people, which is the just result of their freedom: thirdly, that the Constitution shall not, nor shall any of
47 its provisions, be twisted or perverted, inasmuch as a court appointed by their own Executive, but
48 acting independently, is to decide what is a perversion of its provisions? We can have every faith in
49 the constitution of that tribunal. It is appointed as the arbiter of the Constitution. It is appointed not to
50 be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose
51 of saying that those who are the instruments of the Constitution-the Government and the Parliament
52 of the day-shall not become the masters of those whom, as to the Constitution, they are bound to
53 serve. What I mean is this: That if you, after making a Constitution of this kind, enable any
54 Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have
55 that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom
56 which it gives your people will not be maintained; and so, in the highest sense, the court you are
57 creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will
58 preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional

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1 action, the Commonwealth from dominating the states, or the states from usurping the sphere of the
2 Commonwealth. Having provided for all these things, I think this Convention has done well.
3 END QUOTE
4
5 The meaning of the wording “Australian citizenship” clearly is as embedded in the constitution,
6 and the constitution doesn’t permit the High Court of Australia to unilaterally amend the
7 constitution. It means that “Australian citizenship” regardless of a person’s nationality means the
8 place of abode in a State and by this acquire AUTOMATICALLY “Australian citizenship“ (with
9 or without a right in franchise) for residing in the Commonwealth of Australia.
10
11 Hansard 17-3-1898 Constitution Convention Debates
12 QUOTE Sir EDWARD BRADDON.-
13 When we consider how vast the importance is that every word of the Constitution should
14 be correct, that every clause should fit into every other clause; when we consider the great
15 amount of time, trouble, and expense it would take to make any alteration, and that, if we
16 have not made our intentions clear, we shall undoubtedly have laid the foundation of
17 lawsuits of a most extensive nature, which will harass the people of United Australia and
18 create dissatisfaction with our work, it must be evident that too much care has not been
19 exercised.
20 END QUOTE
21
22 Regarding the meaning of “Australian Citizenship”:
23
24 Hansard 8-2-1898 Constitution Convention Debates
25 QUOTE
26 Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is I think correct
27 in the history of this clause that he has given, and this is [start page 672] one of those instances which should
28 make us very careful of following too slavishly the provisions of the United States Constitution, or any other
29 Constitution. No doubt in putting together the draft of this Bill, those who were responsible for doing so used
30 the material they found in every Constitution before it, and probably they felt that they would be incurring a
31 great deal of responsibility in leaving out provisions which might be in the least degree applicable. But it is
32 for us to consider, looking at the history and reasons for these provisions in the Constitution of the United
33 States, whether they are in any way applicable; and I quite agree with my honorable and learned friend (Mr.
34 Carruthers) that we should be very careful of every word that we put in this Constitution, and that we should
35 have no word in it which we do not see some reason for. Because there can be no question that in time to
36 come, when this Constitution has to be interpreted, every word will be weighed and an interpretation given
37 to it; and by the use now of what I may describe as idle words which we have no use for, we may be giving a
38 direction to the Constitution which none of us now contemplate. Therefore, it is inclearly cannot be altered by
39 some High Court of Australia judgment, as it means to relate to a person, regardless of nationality, to reside
40 within a State to have attained State citizenship and by this AUTOMATICAQLLY Commonwealth
41 cityizenship cumbent upon us to see that there is some reason for every clause and every word that goes into
42 this Constitution.
43 END QUOTE
44 .
45 Mr. Julian Assange therefore all along is a “Subject of the British Crown” albeit commonly
46 referred to as an Australian. Therefore he is entitled to not to be extradited to the US of A as
47 indicated also below, because of this “political liberty”, “religious liberty” as well as his general
48 rights:
49
50 HANSARD 17-3-1898 Constitution Convention Debates
51 QUOTE Mr. DEAKIN.-
52 What a charter of liberty is embraced within this Bill-of political liberty and religious
53 liberty-the liberty and the means to achieve all to which men in these days can reasonably
54 aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of
55 peace-of peace, order, and good government for the whole of the peoples whom it will
56 embrace and unite.
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1 END QUOTE
2 And
3 HANSARD 17-3-1898 Constitution Convention Debates
4 QUOTE
5 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to
6 commit to the people of Australia a new charter of union and liberty; we are about to
7 commit this new Magna Charta for their acceptance and confirmation, and I can
8 conceive of nothing of greater magnitude in the whole history of the peoples of the
9 world than this question upon which we are about to invite the peoples of Australia to
10 vote. The Great Charter was wrung by the barons of England from a reluctant king. This
11 new charter is to be given by the people of Australia to themselves.
12 END QUOTE
13
14 Hansard 5-3-1891 Constitution convention Debates
15 QUOTE Mr. DEAKIN:
16 The people of this continent were not landed upon its shore to-day ignorant of the
17 responsibilities of self-government. They have amply proved in the past that they are
18 entitled to be trusted with all the powers appertaining to a free people. They have believed
19 that they enjoyed freedom [start page 86] under their present constitution second to none in
20 the world.
21 END QUOTE
22
23 Hansard 11-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
24 Australasian Convention)
25 QUOTE Mr. GILLIES:
26 Surely we are not to be told that, because that is in contemplation, there is at the same time
27 some secret purpose or object of depriving the people of their right on any particular
28 occasion when possibly there may be some great difference of opinion on a great public
29 question. There have been no peoples in these colonies who have not enjoyed the most
30 perfect freedom to express their opinions in public, and through their representatives in
31 parliament, on any public question of importance. There has never been any occasion when
32 such an opportunity has not been given to every man in this country, and so free and liberal
33 are our laws and public institutions that it has never been suggested by any mortal upon
34 this continent that that right should be in any way restricted. On the contrary, we all feel
35 proud of the freedom which every one in this country enjoys. It is a freedom not surpassed
36 in any state in the world, not even in the boasted republic of America.
37 END QUOTE
38
39 Hansard2-3-1898 Constitution Convention Debates;
40 QUOTE Dr. QUICK.-
41 The Constitution empowers the Federal Parliament to deal with certain external affairs, among which
42 would probably be the right to negotiate for commercial treaties with foreign countries, in the same way as
43 Canada has negotiated for such treaties. These treaties could only confer rights and privileges upon the
44 citizens of the Commonwealth, because the Federal Government, in the exercise of its power, [start
45 page 1753] could only act for and on behalf of its citizens.
46 END QUOTE
47 .
48 Hansard 6-3-1891 Constitution Convention Debates
49 QUOTE Mr. THYNNE:
50 I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:
51 One of the characteristics of a federation is that the law of the constitution must be either legally
52 immutable or else capable of being changed only by some authority above and beyond the ordinary
53 legislative bodies, whether federal or state legislatures, existing under the constitution.
54 END QUOTE
55
56 Hansard 9-9-1897 Constitution Convention Debates
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 Page 9

1 QUOTE
2 The Right Hon. G.H. REID: I strongly support the amendment for the reasons which my hon. and learned
3 friend has hinted at. This is an expression which would be more in place in the United States Constitution,
4 where treaties are dealt with by the President and the senate, than in the constitution of a colony within the
5 empire. The treaties made by her Majesty are not binding as laws on the people of the United Kingdom,
6 and there is no penalty for disobeying them. Legislation is sometimes passed to give effect to treaties,
7 but the treaties themselves are not laws, and indeed nations sometimes find them inconvenient, as they
8 neglect them very seriously without involving any important legal consequences. The expression, I think,
9 ought to be omitted. I will deal with the other suggested amendments when the time comes.
10 END QUOTE
11
12 HANSARD18-2-1898 Constitution Convention Debates
13 QUOTE Mr. ISAACS.-
14 The right of a citizen of this great country, protected by the implied guarantees of its
15 Constitution,
16 END QUOTE
17
18 HANSARD 17-3-1898 Constitution Convention Debates
19 QUOTE
20 Mr. BARTON.- Of course it will be argued that this Constitution will have been made by
21 the Parliament of the United Kingdom. That will be true in one sense, but not true in
22 effect, because the provisions of this Constitution, the principles which it embodies,
23 and the details of enactment by which those principles are enforced, will all have been
24 the work of Australians.
25 END QUOTE
26
27 The following will also make clear that the Framers of the Constitution intended to have CIVIL
28 RIGHTS and LIBERTIES principles embedded in the Constitution;
29 HANSARD 17-3-1898 Constitution Convention Debates
30 QUOTE Mr. CLARK.-
31 the protection of certain fundamental rights and liberties which every individual
32 citizen is entitled to claim that the federal government shall take under its protection
33 and secure to him.
34 END QUOTE
35
36 Hansard 1-3-1898 Constitution Convention Debates
37 QUOTE
38 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
39
40 Mr. GORDON.-There will be more than one sentry. In the case of a federal law,
41 every member of a state Parliament will be a sentry, and, every constituent of a state
42 Parliament will be a sentry.
43 As regards a law passed by a state, every man in the Federal Parliament will be a
44 sentry, and the whole constituency behind the Federal Parliament will be a sentry.
45 END QUOTE
46
47 The British Parliament was well aware what was being stated during the debates as it received
48 copies. When then it passed the constitution it became also part of British law.
49
50 There is however also a further part which appears to have been overlooked.
51
52 The Commonwealth of Australia Constitution Act 1900 (UK) is a British Act and as such
53 considering the decision of Aggregate Industries UK Ltd., R (on the application of) v English
54 Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002) and Judgments - Mark
55 (Respondent) v. Mark (Appellant), OPINIONS, OF THE LORDS OF APPEAL for judgment
56 IN THE CAUSE, SESSION 2005-06 [2005] UKHL 42 on appeal from: [2003] EWCA Civ 168

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 Page 10

1 It appears that the The European Convention for the protection of Human Rights and
2 Fundamental Freedoms (“the ECHR”) albeit not overriding constitutional law, is
3 complimentary to British (constitution) law, as the Commonwealth of Australia Constitution
4 Act 1900 (UK) is.
5
6 POSTER-LEGISLATIVE POWERS FLOW CHART-100213-01-H-

7
8
9 While the UK left the European Union, nevertheless past legislation remains applicable.
10
11 Therefore, as the Commonwealth of Australia Constitution Act 1900 (UK) is part of the British
12 (unwritten) constitution then the right of seeking further Human Rights entitlement cannot be
13 denied.
14
15 As I understand it Mr. Julian Assange did NOT violate any British law as to be convicted of
16 what the US of A pursues, and as such I view he cannot be lawfully extradited, this as the courts
17 cannot invoke jurisdiction in violation to the British constitution which includes Commonwealth
18 of Australia Constitution Act 1900 (UK)!
19
20 Details about the above can also free of charge be downloaded from my blog:
21 https://www.scribd.com/schorelhlavka
22
23 We need to return to the organics and legal principles embed in of our federal constitution!
24
25 This correspondence is not intended and neither must be perceived to state all issues/details.
26 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

27 MAY JUSTICE ALWAYS PREVAIL®

28 (Our name is our motto!)

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INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
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