The following article from Spectator Australia
The responses of the Australian government to the Covid pandemic had an overwhelming impact on the enjoyment of our basic human rights. This government has exercised coercive powers over its citizens on a scale never previously attempted, not even in wartime when they were faced with a health crisis far more serious than this one. All of this has been carried out by means of executive decrees with minimal parliamentary scrutiny.
The picture we see is of politicians and unelected bureaucrats acquiring a vast concentration of powers with respect of legislation and administration.
Under our system of government, ministers are drawn from Parliament and the minister who loses confidence of Parliament has to resign. And yet, this concept of ministerial responsibility is no more than a laughable fiction. In our parliamentary system, law professor Suri Ratnapala explains:
‘The will of parliament is mostly the will of the executive. In bicameral parliamentary systems, upper houses may check executive ambitions from time to time but they have little time or capacity to police the vast amounts of discretionary power accumulated by the executive under permissive legislation. Therefore parliamentary democracies rely heavily on judicial oversight of executive action. Courts and administrative review tribunals remedy individual grievances but cannot address the general problem of the systematic arbitrariness of government.’1
Insofar as the idea of separation of powers is concerned, under contemporary conditions of parliamentary government in Australia, Sir Harry Gibbs, the late High Court Justice, authoritatively stated:
‘There is no constitutional impediment to the exercise by one branch of government of the powers of another. No statute can be held invalid because it confers powers of one kind on an instrumentality of another kind… The executive and the legislature are closely connected; one the one hand, ministers retain office only so long as they have the confidence of a majority of the House … while on the other hand, the cabinet will normally control the workings of the legislature by means of the majority which it commands.’2
In Australia, the executive branch of government, once it is given a delegated power to legislate, can set aside even the most basic rights of the individual.3
Given the incapacity of the Australian courts to limit executive discretion, it shouldn’t really come as a surprise that, in Kassam v Hazzard; Henry v Hazzard (2021)4, Chief Justice Beech-Jones of the New South Wales Supreme Court dismissed the plaintiffs’ challenge that state executive (public health) orders have violated the constitution.5
Under our current system of government, writes Professor Ratnapala:
‘The executive has become the master of the legislative agenda, gaining a degree of power over the legislature not enjoyed even by the Tudor monarchs … In one of the great ironies of political history, the growth of Parliament’s legal power to remove a government from office actually reduced its political power to hold a government to account.’6
In Australia, governments can accumulate an enormous power to determine policy outside parliament.7
According to law professor Nicholas Aroney:
‘There is a tendency for both executive and legislative power to be concentrated effectively in a very small group of senior ministers, dominated by the prime minister or premier.’8
As a result, few are the laws that cannot be voluntarily changed by those who command the majority in Parliament. These politicians ‘are legally bound by written constitutions, but are not by moral rights and common law principles’, writes law professor Jeffrey Goldsworthy.9
This makes accountability incredibly difficult to achieve. To make it more complicated ‘the High Court, despite having full judicial power has declined to impose on Parliament any significant constraint on its competence to delegate its legislative power to the executive’.10 As noted by Sir Harry Gibbs, ‘The Court has paid no more than lip service to that principles when it has come to consider the separation between legislative and executive power.’11 For example, in Victorian Stevedoring and General Contracting Co Pty Ltd and Meakes v Dignan (1931), the court decided that, within the limits of delegated legislation, the power of the executive to legislate is ‘unregulated’ and its discretion is ‘unguided’.
This is very much like ‘entrusting the sheep to the wolf’.12 After all, as Ratnapala points out, ‘The rule against the delegation of wide law making power to the executive is a major component of the classical doctrine of separation of powers. When officials can both legislate and execute their legislation, they have the potential to place themselves above the law, for the “law” is what they command.’13
Professor Ratnapala then laments that the courts in Australia have chosen to not draw a clear line in the sand against excessive delegation of power to the executive, despite parliamentary democracies needing to rely on judicial oversight of executive action.14
However, the courts in Australia have generally accepted that the executive’s capacity to legislate ‘may be exercised in disregard of other existing statutes, the provisions of which concerning the same subject matter may be overridden’.15 This indicates that the executive is often endowed with a function that is essentially legislative in nature.16 According to Gibbs, these courts ‘have accorded to Parliament a virtually unfettered power to delegate to the executive the power to make laws, and have held that such a delegation will be valid even though the Parliament does not prescribe any principles or standards to govern the exercise of the powers’.17
Sir Henry Gibbs also reminded us that the weakness with which the doctrine of separation of powers is applied in Australia ‘removes any obstacle to the growth of the executive’.18 This includes any legal disputes that are entrusted to executive tribunals even when the exercise of such a power is entirely judicial in nature.19 These delegations of judicial power are often expressed in the widest and most general terms, confiding to the executive a subordinate power that is not necessarily controlled by any principle or standard laid down by the legislature.20
Above all, according to the late Chief Justice:
‘The fact that the Constitution gave Australians a system of responsible government on the British model provided a sufficient indication of an intention to reject altogether the principle of the separation of powers, notwithstanding the close resemblance between the relevant provisions of the Australian Constitution and those of the United States Constitution.’21
It is therefore no surprise that so many our most fundamental human rights can be so easily violated.
Since there is no effective legal-institutional mechanism in Australia to hold government to account, the effect is that politicians are unaccountable to anyone except at some periodic elections.22
The present operation of our parliamentary system undoubtedly facilitates what Lord Hailsham once described as an ‘elective dictatorship’.23 This, he said, is due to the enormous power acquired by the political group or faction with an overall majority in the Lower House.
And even if Lord Hailsham’s warning about elective dictators seemed an overstatement in 1976, it has certainly become far more of a tragic reality in our troubled times, and especially here in Australia.
Augusto Zimmermann LLB, LLM cum laude, PhD, CIArb, DipEd, is Professor and Head of Law at Sheridan Institute of Higher Education in Perth, WA. He is also Adjunct Professor of Law at the University of Notre Dame Australia, Sydney campus. From 2012 to 2017, Professor Zimmermann served as a Law Reform Commissioner in Western Australia and, while teaching legal theory and constitutional law at Murdoch University, he was awarded the 2012 Vice Chancellor’s Award for Excellence in Research, as well as two Law School Dean’s Research Awards, in 2010 and 2011.
1 Suri Ratnapala, ‘Separation of Powers: The Cornerstone of Liberty under Law’, in Suri Ratnapala and Gabriël A. Moens, Jurisprudence of Liberty (2nd ed., LexisNexis, 2011) 55.
2 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 152.
3 Suri Ratnapala, ‘Separation of Powers: The Cornerstone of Liberty under Law’, in Suri Ratnapala and Gabriël A. Moens, Jurisprudence of Liberty (2nd ed., LexisNexis, 2011) 55.
4 [2021] NSWSC 1320
5 At [275]
6 Suri Ratnapala, ‘Separation of Powers: The Cornerstone of Liberty under Law’, in Suri Ratnapala and Gabriël A. Moens, Jurisprudence of Liberty (2nd ed., LexisNexis, 2011) 79.
7 Suri Ratnapala, ‘Separation of Powers: The Cornerstone of Liberty under Law’, in Suri Ratnapala and Gabriël A. Moens, Jurisprudence of Liberty (2nd ed., LexisNexis, 2011) 76.
8 Nicholas Aroney, ‘Bicameralism and Representations of Democracy’, in: Nicholas Aroney, Scott Presser, and J R Nethercote (eds.), Restraining Elective Dictatorship (University of Western Australia Press, 2008) 29.
9 See: Jeffrey Goldsworthy, The Sovereignty of Parliament: History and Philosophy (Clarendon Press, 1999) 1.
10 Suri Ratnapala, ‘Sri Lanka at the Constitutional Crossroads: Gaullist Presidentialism, Westminster Democracy or Tripartite Separation of Powers’ (2003/2004) LAWASIA Journal 33, 55.
11 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151. 154.
12 Suri Ratnapala, ‘Sri Lanka at the Constitutional Crossroads: Gaullist Presidentialism, Westminster Democracy or Tripartite Separation of Powers’ [2003/2004] LAWSIA Journal 33, 54. See also: Augusto Zimmermann & Lorraine Finlay, ‘Suri Ratnapala’s Contribution to the Understanding of the Rule of Law’ (2014) 33 (2) University of Queensland Law Journal 367, 368-72.
13 Suri Ratnapala, ‘Sri Lanka at the Constitutional Crossroads: Gaullist Presidentialism, Westminster Democracy or Tripartite Separation of Powers’ (2003/2004) LAWASIA Journal 33, 49.
14 Suri Ratnapala, ‘Sri Lanka at the Constitutional Crossroads: Gaullist Presidentialism, Westminster Democracy or Tripartite Separation of Powers’ (2003/2004) LAWASIA Journal 33, 55.
15 (1931) 467 CLR 73.
16 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 155.
17 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 155.
18 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 161.
19 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 153.
20 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 156.
21 Sir Harry Gibbs, ‘The Separation of Powers – A Comparison’ (1987) 17 Federal Law Review 151, 154. (emphasis ours)
22 Jonathan Sumption, Law in a Time of Crisis (Profile Books, 2022) 220.
23 Q. Hogg, A Sparrow’s Flight (HarperCollins, 1990) 318.
Responses
WOW!!! thats simple…..YES.
I think Australia has been an elected dictatorship for some time. It’s just that in the past it has been a very benevolent dictatorship. The plans for what we are living through now were put in place long ago.
Sadly this is dead right. It’s just that the rate has gone up exponentially since the 70’s. It took a big leap up after 9/11 when the enemy was “terrorists” (it’s not coincidence that those protesting for their rights have been described as “urban terrorists”).
Now we have an invisible enemy that can only be seen with a dubious PCR test, combined with a climate crisis where co2,a vital nutrient for life, is our enemy.
Toddler with concussion sent away from Gladstone Hospital, Queensland because she tested positive to Covid | Absolutely terrifying that Hospitals are still driving the COVID LUNATICS TRAIN
https://www.dailymail.co.uk/news/article-11034079/Toddler-concussion-sent-away-Gladstone-Hospital-Qld-tested-positive-Covid.html
Reminder > Originally Two weeks to flatten the Curve
Then it became > Total Global Tyranny and Another Jab to either Flatten Your Pulse or Cause Jab/Vaccine Injuries.
The common cold is a virally related syndrome and has been associated with over 100 different viruses, including Human Coronavirus and Rhinovirus.
http://virus.stanford.edu/corona/colds.html
The Covid Plandemic Fraud is positively the most dangerous, damaging and destructive Con ever perpetrated on Populations under the architecture and orchestration by the Monstrous Klaus Schwab and his World Economic Forum and his pack of Elitists/Globalists and the allegedly totally corrupted World Health Organisation, the UN and corrupted and Treasonous Politicians Globally. Also the Australian Arm of that World Economic Forum must be taken down. **## It’s NEVER been about health/sickness, it’s always been about total Global control of all populations and they will continue doing this with every virus, infection, Bacteria, Pox, interference with the food supply or other deviant plans UNTIL the Global Populations United in solidarity for Humanity, STOP these Power Crazed, Greedy, Lawless Lunatics of Corporate Global Governments and Globalists/Global Elite et al before we are permanently under Totalitarian Lunatic Regimes.
The Australian Arm of the monstrous World Economic Forum Globalist Cartel must also be abolished permanently and irrevocably along with all Mandates and any and all other tyrannical Government actions. It’s insane !
THE AUSTRALIAN ARM OF THE WORLD ECONOMIC FORUM REVEALED
WORLD ECONOMIC FORUM CONNECTIONS – TREASONOUS ACTIONS – EVEN THE AUSTRALIAN HUMAN RIGHTS COMMISSIONER / LORD MAYOR OF MELBOURNE Mr. Edward Santow – He was Human Rights Commissioner at the Australian Human Rights Commission from August 2016 to 28 July, 2021.
https://article.wn.com/view-lemonde/2022/05/10/The_Australian_Arm_of_The_World_Economic_Forum_Revealed/#/related_news
CORRUPTION TOTALLY DESTROYS DEMOCRACIES AND THAT IS WHAT HAS DESTROYED AUSTRALIA ALMOST COMPLETELY> THE PEOPLE MUST REMOVE ALL THE TYRANTS AND THERE’S A LONG LIST AND THE AUSTRALIAN ARM OF THE WORLD ECONOMIC FORUM MUST BE BROUGHT DOWN !
See Sri Lanka Corruption >
EXTREMELY CORRUPT GOVERNMENT – SRI LANKA’S ECONOMY COMPLETELY COLLAPSED
The government owes $51 billion in debt and cannot make any payments on loans. Their currency collapsed 80% and was basically worthless. Tourism halted after the pandemic, adding to the crisis. The people had hit rock bottom and knew exactly who to blame. President Rajapaksa and his brother, former Prime Minister Mahinda Rajapaksa, are extremely corrupt.
They allowed the problem to become a crisis; living lavishly as their people starved.
The revolutionary wave has only just begun. I warned that it would first come for emerging countries. However, do not think this incident will be isolated to one nation. Unrest is rising as living standards decline.
https://www.armstrongeconomics.com/world-news/tyranny/sri-lankas-economy-completely-collapsed/
AUSTRALIAN BUREAU OF STATISTICS – AUSTRALIAN GOVERNMENT – COOKING THE COVID BOOKS ?https://www.abs.gov.au/ausstats/abs@.nsf/mf/1205.0.55.001 Due to the public health importance of COVID-19, the alleged also TOTALLY CORRUPTED World Health Organisation WHO have directed that the new coronavirus strain be recorded as the underlying cause of death, ie, the disease or condition that initiated the train of morbid events, when it is recorded as having caused or contributed to death.1205.0.55.001 – Information Paper: Cause of Death Certification Australia, 2008 ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 25/11/2008https://www.abs.gov.au/ausstats/abs@.nsf/mf/1205.0.55.001 LOOK AT WHAT THESE alleged CRIMINAL BASTARDS HAVE DONE >>> Due to the public health importance of COVID-19, the WHO have directed that the new coronavirus strain be recorded as the underlying cause of death, ie, the disease or condition that initiated the train of morbid events, when it is recorded as having caused or contributed to death. <<>>>>>Following the guidelines above will assist in the accurate coding of these deaths and the production of robust national mortality statistics. !!!!!! <<<<<
Gold Coast Covid ward empty for months while COVID VAX casualties stream inDEC 3, 2021
The Gold Coast church venue in Carrara was packed to the rafters on Thursday night as business people and others gathered to fight back against the Morrison-enabled Palasczcuk vaccine mandate by rallying businesses that are determined to follow a non-discriminatory path.
https://cairnsnews.org/2021/12/03/gold-coast-covid-ward-empty-for-months-while-vax-casualties-stream-in/
FROM > MEDICAL ERROR ACTION GROUP – REGARDING AUSTRALIAN GOVERNMENT MEDICAL REGULATOR – AHPRA See >Australia’s own medical regulator AHPRA — Australian Health Practitioner Regulation Agency.
A regulator that can’t even regulate itself.The true meaning of malfeasance is AHPRA — corrupt to the core | devious and inept | runs amok with power and self-importance | answerable to no one | operates in clandestine | lying is its modus operandi | run by staff sacked from Health Departments…AHPRA has not got a clue what investigation means. Evidence and facts? They don’t worry about that. They manufacture it and stick to it. Woe betide challenging it.Just take a look at the AHPRA state and territory branches and who they are run by. Yes, the old heads of state medical boards. They just slithered into positions with the new national medical board for further self-aggrandizement and same old misinformation and obfuscation aka cover-ups continue. A medical mafia.
Continue >https://www.medicalerroraustralia.com/spotlight/ahpra-malfeasant-arrogant-complacent/
MEDICAL ERROR ACTION GROUP
https://www.medicalerroraustralia.com/
There continues to be serious problems/mental health problems in Medical Industry with alarming numbers of Doctors taking their own lives
https://www.news.com.au/lifestyle/health/mind/there-are-serious-problems-in-our-medical-industry-with-analarming-number-of-doctors-taking-their-own-lives/news-story/ce098d0408daaef6cde812389230e2df
HCCC not fit to regulatehttps://www.medicalerroraustralia.com/spotlight/hccc/
Great Barrington DeclarationAs infectious disease epidemiologists and public health scientists we have grave concerns about the damaging physical and mental health impacts of the prevailing COVID-19 policies and recommend an approach we call Focused Protection.
https://gbdeclaration.org/
What Doctors say in private bout Covid Jabs
https://thepulse.one/2022/03/22/what-doctors-say-in-private-about-covd-jabs/
QUEENSLAND HEALTH MINISTER D’ATH WARNED BY SENIOR DOCTOR TO LOOK FOR ANOTHER JOB“The other huge worry is that the medical profession is not allowed to question any of your decisions for fear of being deregistered by AHPRA.You have produced 0% herd immunity and 100% herd insanity”Dr Simon Stilgoe, Brisbane
https://cairnsnews.org/2022/01/09/labor-health-minister-dath-warned-by-senior-doctor-to-look-for-anotherjob/
Tribute to an Outstanding Brisbane Doctor – Dr. Simon Stilgoe
https://cairnsnews.org/2022/01/09/an-tribute-to-outstanding-brisbane-doctor-simon-stilgoe/
MORE TRUTH FROM CAIRNS NEWS THAT YOU WILL NEVER GET FROM THE DEEPLY CONFLICTED MAINSTREAM MEDIA EMPIRES
https://cairnsnews.org/?s=Queensland+health+minister
Australian Dr. Jayanti Kunadasan: Testimony Against The Gene Therapy Shots
AMPS Medico-Legal Parliamentary Summit – The National Law and Therapeutic Goods Act have precipitated disastrous and preventable outcomes for patient safety and public health during the recent time of COVID.
https://cairnsnews.org/2022/07/09/australian-dr-jayanti-kunadasan-testimony-against-the-gene-therapy-shots/
AMPS – AUSTRALIAN MEDICAL PROFESSIONALS SOCIETYThe AMPS remains fully committed to defending your right to treat patients as you see fit and respect the enormous amount of medical training undergone to achieve this right. AHPRA and Government must be drastically limited in this space.
https://amps.redunion.com.au/about
Dr Vladimir Zelenco died exposing Covid vaccine deaths
https://cairnsnews.org/2022/07/07/dr-vladimir-zelenco-died-exposing-covid-vaccine-deaths/
In addition >
Aussie Feds have “secrecy deal” with CIA offshoot Fakebook
GOOD luck to Geelong activist and Cairns News supporter Gary Oraniuk, who reckons the Australian office of Fakebook (Meta) should be prosecuted for political censorship under the Criminal Code acts.
Orianuk has discovered a “special relationship” between the Federal Government and the social media platform, one that almost certainly involves a bunch of “ex-CIA” types who basically run the organisation in cahoots with Jacob aka “Mark the Cyborg” Zucker.
https://cairnsnews.org/2022/07/26/aussie-feds-have-secrecy-deal-with-cia-offshoot-fakebook/
From Open Voice – What the WEF/Global Elite/Technocrats Cartel have planned for the people of the world in their world hijacking
https://fb.watch/eweuU37Wpp/
The Australian Arm of the monstrous World Economic Forum Globalist Cartel must also be abolished permanently and irrevocably along with all Mandates and any and all other tyrannical Government actions. It’s insane that this is continuing !
THE AUSTRALIAN ARM OF THE WORLD ECONOMIC FORUM REVEALED
WORLD ECONOMIC FORUM CONNECTIONS – TREASONOUS ACTIONS – EVEN THE AUSTRALIAN HUMAN RIGHTS COMMISSIONER / LORD MAYOR OF MELBOURNE Mr. Edward Santow – He was Human Rights Commissioner at the Australian Human Rights Commission from August 2016 to 28 July, 2021.
https://article.wn.com/view-lemonde/2022/05/10/The_Australian_Arm_of_The_World_Economic_Forum_Revealed/#/related_news
Mr Farcebook is a major destroyer of Free Speech and the rights of People to have opinions and sharing information differing from /or opposing Tyrannical Governments Narratives.
This is obscene that this has been allowed to continue – another Globalist Tyrant from the Monstrous World Economic Forum Cartel that needs to be brought down to stop them totally destroying our entire world with their heinous Totalitarian Lunatic Regimes.
Covid Tyranny: Never Forget what happened in Australia – Red Ice Interview
https://xyz.net.au/2022/03/covid-tyranny-never-forget-what-happened-in-australia-red-ice-interview/
Time has come to establish an Anti – Globalist Alliance
https://cairnsnews.org/2022/06/28/time-has-come-to-establish-an-anti-globalist-alliance/
Kazakhstan the people rising up against Tyranny – Military and Police chased from City by millions
https://brandnewtube.com/watch/kazakhstan-breaking-military-vehicles-and-police-chased-out-from-the-city-by-millions-of-angry-cit_9SpwvKpZGntA2zP.html
RIP Medical Privacy – Dictator Dan – See important comment Information to give more truth to the people
https://www.reignitedemocracyaustralia.com.au/rip-medical-privacy/
The awakened people want to scream every time they hear reports of vaccine deaths and injuries (and they only hear a fraction of what is really occurring) and how in the hell any person at all, especially those in positions of authority, continue to sit back and allow this murdering and maiming – and the murdering of our Democratic Rights, Freedoms, Choices and the sacredness of our Medical Rights is utterly terrifying / terrorizing.
Every person should be screaming that ALL Mandates and all other Tyrannical Governments actions be abolished immediately, permanently and irrevocably.
The entire system is totally corrupted with systemic and extensive conflicts of interest and the truth in Australia will never be told by all those involved in these crimes against innocent populations but I think all those who have been a part of this appalling Tyranny are going to pay the price for their treasonous lawless disgusting Tyrannical actions.
The Australian Arm of the monstrous World Economic Forum must also be abolished permanently and irrevocably along with all Mandates and any and all other tyrannical Government actions.
https://article.wn.com/view-lemonde/2022/05/10/The_Australian_Arm_of_The_World_Economic_Forum_Revealed/#/related_news
Reminder > Originally Two weeks to flatten the Curve
Then it became > Total Global Tyranny and Another Jab to either Flatten Your Pulse or Cause Jab/Vaccine Injuries.
In addition >
The common cold is a virally related syndrome and has been associated with over 100 different viruses, including Human Coronavirus and Rhinovirus. Common symptoms include throat discomfort, followed by sneezing, runny nose, nasal congestion, coughing and decreased energy level. Fever is uncommon with colds, except in young children.
And the Global Governments and the WEF, WHO et al are just going to continue doing this with whatever viruses, devious plots that they can come up with; until all the global Populations rise up in power and solidarity and DEMAND THAT ALL GLOBAL GOVERNMENTS STOP all Mandates and all other Tyrannical Actions immediately, permanently and irrevocably.
Qld Health Bill Gates and Intellectual ventures funds microchip implant vaccine technology.
https://www.australiannationalreview.com/health/bill-gates-and-intellectual-ventures-funds-microchip-implant-vaccine-technology/