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Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however,
remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be
all the more forced on the Commonwealth.
END QUOTE
"... But in the interpretation of the Constitution the connotation or connotations of its words should
remain constant. We are not to give words a meaning different from any meaning which they could have
borne in 1900. Law is to be accommodated to changing facts. It is not to be changed as language changes.
"
Windeyer J (Ex parte Professional Engineers' Association)
Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27 (17 June 1999)
QUOTE
Constitutional interpretation
The starting point for a principled interpretation of the Constitution is the search for the intention of its
makers[51]. That does not mean a search for their subjective beliefs, hopes or expectations. Constitutional
interpretation is not a search for the mental states of those who made, or for that matter approved or enacted,
the Constitution. The intention of its makers can only be deduced from the words that they used in the
historical context in which they used them[52]. In a paper on constitutional interpretation, presented at
Fordham University in 1996, Professor Ronald Dworkin argued, correctly in my opinion[53]:
"We must begin, in my view, by asking what - on the best evidence available - the authors of the text
in question intended to say. That is an exercise in what I have called constructive interpretation[54]. It
does not mean peeking inside the skulls of people dead for centuries. It means trying to make the best
sense we can of an historical event - someone, or a social group with particular responsibilities,
speaking or writing in a particular way on a particular occasion."
END QUOTE
the parliament cannot give the word a meaning not warranted by s73 of the Constitution.
Commonwealth v Brisbane Milling Co. Ltd. (1916) 21 C.L.R. 559; A.L.R. 272. Barton J,
END QUOTE
Hansard 2-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. BARTON.-Yes; and here we have a totally different position, because the actual right which a
person has as a British subject-the right of personal liberty and protection under the laws-is secured by
being a citizen of the States. It must be recollected that the ordinary rights of liberty and protection by the
laws are not among the subjects confided to the Commonwealth.
END QUOTE
Surely we are not to be told that, because that is in contemplation, there is at the same time some
secret purpose or object of depriving the people of their right on any particular occasion when
possibly there may be some great difference of opinion on a great public question. There have been
no peoples in these colonies who have not enjoyed the most perfect freedom to express their opinions
in public, and through their representatives in parliament, on any public question of importance.
There has never been any occasion when such an opportunity has not been given to every man in this
country, and so free and liberal are our laws and public institutions that it has never been suggested
by any mortal upon this continent that that right should be in any way restricted. On the contrary,
we all feel proud of the freedom which every one in this country enjoys. It is a freedom not surpassed
in any state in the world, not even in the boasted republic of America.
END QUOTE
Again: It is a freedom not surpassed in any state in the world, not even in the boasted republic of America. ,
as such any legislation to deny FREEDOM OF SPEECH must be deemed unconstitutional to
the embedded legal principles of the constitution!
It must be clear that any judge/politician who supports the oppression of free thinking citizens is
nothing less but a traitor to the constitution.
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. SYMON.-What relation has this to customs duties? The industrial life of the state is considered by all
of us (subject to this exception, it may be) a thing of purely domestic concern. We do not want to interfere
with the domestic life, or with industrial life, except in the last resort. If you are going to introduce such a
thing as this it must be the Federal Ministry which will have to decide, subject to the Parliament, and you will
introduce the greatest complication and intensity of feeling that was ever seen.
Mr. BARTON.-We do not propose to hand over contracts and civil rights to the Federation, and they
are intimately allied to this question.
END QUOTE
Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
constituency behind the Federal Parliament will be a sentry.
END QUOTE
Again, it therefore should be beyond any question that the right of any person to exercise
FREEDOM OF SPEECH cannot be thwarted by judges/politicians in violation to the enshrined
political rights embedded in the constitution.
All Amendments to the US of A constitution up to the time that the Commonwealth of Australia
Constitution Act 1900 (UK) was enacted are embedded in our constitution.
In my view the alleged vote for a yes or no case cannot form any kind of basis as to how the
constitution applied and/or its true meaning. Only a successful Section 128 referendum can
permit to amend the constitution in such manner that such amendment can be used to alter legal
provisions for this.
It would be totally absurd to have some kind of postal vote that lacks any proper security and
where undue interference can occur to manipulate the outcome as to justify some kind of
violation of the narrow meaning of the constitutional term of marriage.
If hypothetically the parliament wended up to legislate for homosexual and other kinds of
marriages and then a successful court challenge eventuates then the harm inflicted to those
purportedly married would be cruel at the very least and perpetrated by the very people now
claiming it is all about love and equality when in fact they couldnt give a darn about it.
What we now have is the kind of Salem situation where an innocent person is branded to be
evil, even by the judges only afterwards, but too late, even the judge admitting it was all wrong.
It is the kind of hysteria we can do well without but regretfully politicians are hyping it up for
their own egoistic selfish interest rather than to ensure that whatever is to eventuate it always
must be within the true meaning and application of the constitution.
Any politicians who seeks to lay claim on that religious rights are protected, etc, is nothing less
than a fraud, as clearly ample evidence is from around the world where people are denied their
religious freedoms. Todays politicians will be gone tomorrow and then other politicians can do
whatever they like.
Hansard 7-3-1898 Constitution Convention Debates
QUOTE
Sir EDWARD BRADDON (Tasmania).-I have an amendment to move on behalf of Tasmania, and
also an amendment of my own. The clause we have before us says that a state shall not make any law
prohibiting the free exercise of any religion. It is quite possible that this might make lawfull practices
which would otherwise be strictly prohibited. Take, for instance, the Hindoos. One of their religious
rites is the "suttee," and another is the "churruck,"-one meaning simply murder, and the other
barbarous cruelty, to the devotees who offer themselves for the sacrifice.
Dr. COCKBURN.-The Thugs are a religious sect.
Sir EDWARD BRADDON.-Yes. If this is to be the law, these people will be able to practise the rites
of their religion, and the amendment I have to suggest is the insertion of some such words as these:-
The Australian, Paul Kelly brilliantly articulates 'Why [the] YES case is shoddy'.
No article better explains how politicians are willfully misleading voters when it comes to
changing the Marriage Act.
.
https://www.spectator.com.au/2017/09/whats-changed-in-britain-since-same-sex-marriage/
Whats changed in Britain since same-sex marriage? David Sergeant
http://www.breitbart.com/tech/2017/09/08/14-year-old-boy-changes-mind-two-years-transitioning-woman-
hormones/ 14-year-old Boy Reverses Gender Transition After 2 Years
QUOTE EMAIL
Fw: Gay Marriage. The Yes or No vote.
People
Message body
Subject: RE: Gay Marriage. The Yes or No vote
Oh, and what nastiness have you got going behind our backs?
In my view, any responsible politicians would join me in making clear that only a Section 128
successful referendum can lawfully provide Parliament a right to legislate as to marriage what
the referendum permitted and not otherwise.
It has been suggested that people should place aluminium foil in the envelope to make it not
possible to see the persons vote by light. This while the ABS indicates; Put your form (and
nothing else) in the enclosed Reply Paid envelope (no stamp needed. In my view within the
provisions of the FOI Act any person could pursue to trave his/her vote because of the unique
barcode on the form. However it should not need to be a FOI Act request at cost of a requester,
because the requester is well entitled to be advised if a certain form with a bar code was received
by the ABS, without it disclosing the identity of the person.
One has to pose the question; Why is it that the politicians are so obsessed about the issue of
ssm when people are dying in the street being homeless? Surely that should be more of criteria to
address? Why are people sleeping rough in the streets despite being financial) to some extend)
supported with all kinds of benefits? Why are the States allowed unconstitutionally to jack up
prices, etc, when this undermines the commonwealth policy to provide citizens with a basic
financial benefit to live on? It really comes down to that the politicians of the Commonwealth of
Australia are not really the least interested in the common wealth of citizens, but just want to
harness more and more legislative powers by whatever means regardless of it being
unconstitutional when unable to manage its already existing legislative powers. If just the
commonwealth were to spend the amount of input it does to the ssm issue toward returned
veterans then they would unlikely be left to rot and die on the streets. That is my message also!
In the end it is a voluntary questionnaire that in my view lacks any legitimacy to justify any
change of law let alone constitutional meaning.
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)
p9 16-9-2017 G. H. Schorel-Hlavka O.W.B.
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