The proposal called - Alternative Three - introduces what may be a new concepts to a lot of people. Be assured that the principles involved are as old as the concept of democracy itself. In fact what is proposed is but for seven items, exactly what was publicly debated and intended when the 1900 constitution was drafted.
The seven exceptions also rely on the system as originally intended, but with final control going to the Australian people, as opposed to the Monarch, Governor-General or the parliament. We deal with the exceptions in our Autumn 1999 Booklet. We also detail them right here, up front, so as misunderstanding is hopefully eliminated.
Most people will be aware that the Monarch acts only after receiving the advice of her Privy Council. (Assuming the Monarch retains some authority within our system.) The Alternative Three proposal presents a variation to this concept; where the Australian people elect a 25 member "privy council" and this elected "Australian council" in turn elects from the 25 councillors, one to fill the position of Governor-General, who would then be the Head of State, answerable to the people. (The election process is strictly defined in the A3 draft constitution)
It is proposed that this new body be called the Australian Constitutional Crown Council (ACCC) and that the ACCC's duties are spelt out in detail in the Fresh Constitution, as are the Governor-General's duties, whereby their function is to act as the peoples' watchdog and to uphold and enforce constitutional rule.
Exception number two: the proposal to list in the fresh Constitution, the title of all the fundamental laws on which Australia was built and on which Australians rely for their inalienable rights and justice system, such as Magna Carta, Habeas Corpus etc. This advance leaves no doubt as to what the foundation law in Australia is or what the legal basis of the peoples' liberty and justice are. (No such guarantees exist in the government proposals.)
Exception number three: is the transfer from the parliament to the people the right to propose changes to the Constitution, proposals that then go to referendum.
Exception number four: is the introduction of citizen initiated referendum (CIR) which has three arms to it, - which allows citizens using a constitutionally set procedure to bring about a referendum to either, initiate a new law, or to veto an existing law, or to recall a person from holding a government office.
Exception number five: is the tighter specification of all sections of the Constitution setting clear principles and clear direction to the parliament.
Exception number six: is the tightening up of the oath of office, including mandatory swearing of allegiance to Australian and its people, with the addition of penalties for breaking an oath or breaching the Constitution.
Exception number seven: is that the Fresh Commonwealth of Australia Constitution shall not be a contract between the States as was the original constitution; but rather a compact between the Australian people; and as such comes under the ownership and control of the Australian people, which it has never been in the past.
Immediately we the people, solve the Commonwealth Constitutional problems, we must look to doing the same with the State Constitutions, making them effective and the property of the people.
United People Power P.O. Box 270. St. Marys N.S.W. 2760. Ph:(02) 9623-6177. FAX: (02) 9826-1670 or (02) 9623-7133.
Trap number one. A yes or no vote will deliver unlimited government to the establishment by the fact that either vote will grant the peoples' approval for the existing document commonly but incorrectly referred to as the complete Constitution. This document is only one of the six documents that make up the 1901 Constitution. On its own it is not a functional document. The result of voting either yes or no will see this non-functional document as the officially approved constitution, either with a governor-general or with a president. The trap - the establishment don’t care which way we vote. Either way the establishment get a legal document that allows them to govern with unlimited power having received the peoples' irrevocable approval, making Alternative Three the only option.
Trap number two. If the republic proposition gets up (a yes vote), it gives the establishment a blank cheque to rewrite the constitution to suit themselves. - Again Alternative Three is the only option.
Trap number three. All the above traps include a constitution deprived of the base protection of the Laws of England. The people are being asked to approve a constitution that not only allows unlimited government but government that is not bound to observe the heritage (inalienable) rights - or the system of justice that, the people ultimately rely on. - Again Alternative Three is the only option.
Trap number four. The preamble: the proposed wishy-washy words offer nothing and at the same time leave the constitution without a proper preamble, which means the people who ultimately determine what the Constitution says, have nothing to guide them, no philosophy, no principle This means the philosophy in determining the meaning of the constitution will be that of the unknown few. It will be the job of this same body to determine the peoples' rights and what type of justice they are entitled to, as neither are defined in the constitution. - Alternative Three has a worthy preamble.
What the establishment is angling for is approval of a document that exercises no control whatsoever over the Australian government and at the same time guarantees the people absolutely no protection against over zealous, or dictatorial government. --- Alternative Three offers the exact opposite.
The great difficulty the people have in bringing about any change to the existing constitution or in putting forward a fresh constitution is threefold. First: the money required to promote ideas runs into millions. Second: The cost and the logistics of gathering all the electors together to vote are prohibitive. Third: The verification - legitimacy of the ballot result would be difficult to obtain without the machinery that is already in place and will be available at the November referendum. It is therefore essential that the people use the opportunity provided - whenever it is provided.
If you support either the republic, or the no-republic teams, you have been again suckered into one of the establishment one of two option traps - division designed to control the debate and the outcome to the absolute advantage of the establishment. It is the same two-football-team-trap set at each election, which has reduced Australians to a cleverly divided non-thinking mass. The Constitution debate must be above party politics and the division it brings with it. The Constitution is the set of rules designed to control the politicians. For this reason we must be doubly cautious of every word of their input.
There is no doubt that the establishment will do all within their power to condemn the Alternative Three proposals. The best way they can accomplish this is to impose a media blackout. If the people don’t see it on TV then it just does not exist. If you want your say to count in the referendum you will have to do your share in the promotion. Every word, every handout, every donation will assist.
What is your freedom worth to you ?- Whatever its value don’t leave it until it is too late to alert everybody across Australia to the trap that is being set for them.
Time to think - time to have your say - as opposed to doing what the politicians dictate.
United People Power P.O. Box 270. St. Marys N.S.W. 2760. Ph:(02) 9623-6177. FAX: (02) 9826-1670 or (02) 9623-7133.
Constitution Kit available $18. E-mail: succeed@bigpond.com Home Page: www.users@bigpond.com/succeed/upp
Authorised by Joe Bryant, 418 Roper Rd St Marys. NSW 2760
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Revised: April 21, 2003.