20230707-Mr G. H. Schorel-Hlavka O.W.B. To Rob Nicholls University NSW - Feedback-FREEDOM of SPEECH

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1
2
3 Rob Nicholls (Australian/Victoria date) 7-7-2023
4 r.nicholls@unsw.edu.au
5
6 Re: 20230707-Mr G. H. Schorel-Hlavka O.W.B. to Rob Nicholls University NSDW – feedback-
7 FREEDOM OF SPEECH
8
9 NOT RESTRICTED FOR PUBLICATION
10 Sir,
11 I this evening was alerted by my wife about an article in The Epoch Times June 29-July 5,
12 2023 page A2 with the heading “Musk’s Twitter Threatened With $700,000 Daily Fine
13 Unless It Tackeles ‘Hate Speech'” and it refers to you under the heading “No Guaranteed
14 Freedom of Speech in Australia” “In response, Rob Nicholls, an associate professor at the
15 University of New South Wales, said there Is no right to freedom of speech in Australia, and
16 there is only an “implied right of political copmmunication” This right is not legislated either but
17 was extracted from common law by judges. As usual in an Australian environment, not doing
18 what you say is more problematic from a regulatory perspective that problematic conduct” he
19 told Epoch Times via email.
20
21 The High Court of Australia (HCA) in the Albert Langer case did made known that there was a
22 right of communication with poliitians about political matters, etc. However, the Framers of the
23 Constitution being the Draft Commonwealth of Australia Constitution of Bill actually in
24 various manner made clear that there was FREEDOM OF SPEECH. As such, the HCA did not
25 invent anything in that regard as it all along existed since federation!
26 It is to be understood that the Commonwealth of Australia Constitution of Act 1900 (UK) has
27 embedded legal principles are are not in written stated provisions!
28 The first port of call is that the Framers of the Constitution stated:
29
30 Hansard 2-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
31 Convention)
32 QUOTE Mr. DEAKIN (Victoria).-
33 The record of these debates may fairly be expected to be widely read, and the
34 observations to which I allude might otherwise lead to a certain amount of
35 misconception.
36 END QUOTE
37
38 HANSARD 17-3-1898 Constitution Convention Debates
39 QUOTE Mr. DEAKIN.-
40 What a charter of liberty is embraced within this Bill-of political liberty and religious
41 liberty-the liberty and the means to achieve all to which men in these days can reasonably
42 aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of
43 peace-of peace, order, and good government for the whole of the peoples whom it will
44 embrace and unite.
45 END QUOTE
46 And
7-7-2023 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
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2 QUOTE
3 Mr. SYMON (South Australia).- We who are assembled in this Convention are about to
4 commit to the people of Australia a new charter of union and liberty; we are about to
5 commit this new Magna Charta for their acceptance and confirmation, and I can
6 conceive of nothing of greater magnitude in the whole history of the peoples of the
7 world than this question upon which we are about to invite the peoples of Australia to
8 vote. The Great Charter was wrung by the barons of England from a reluctant king. This
9 new charter is to be given by the people of Australia to themselves.
10 END QUOTE
11 And
13 QUOTE
14 Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed
15 as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for
16 no citizen is above it, but under it; but it is appointed for the purpose of saying that
17 those who are the instruments of the Constitution-the Government and the
18 Parliament of the day-shall not become the masters of those whom, as to the
19 Constitution, they are bound to serve. What I mean is this: That if you, after making
20 a Constitution of this kind, enable any Government or any Parliament to twist or
21 infringe its provisions, then by slow degrees you may have that Constitution-if not
22 altered in terms-so whittled away in operation that the guarantees of freedom which
23 it gives your people will not be maintained; and so, in the highest sense, the court you
24 are creating here, which is to be the final interpreter of that Constitution, will be such a
25 tribunal as will preserve the popular liberty in all these regards, and will prevent,
26 under any pretext of constitutional action, the Commonwealth from dominating the
27 states, or the states from usurping the sphere of the Commonwealth.
28 END QUOTE
29
30 Also the Framers of the Constitution made clear that the liberties in the Commonwealth of
31 Australia would be equal if not better than in America!As was stated”
32
33 “It is a freedom not surpassed in any state in the world, not even in the boasted republic of America. ”
34
35 At that time the USA already included 15 Amendments to its constitution!
36
37 Let us also consider further what the Framers of the Constitution stated:
38
39 The answer, of course, is that it is the people of these colonies who are to be charged
40 with that important function; and I would, therefore, point out-and I think several
41 hon. members who have had considerable experience in leading what may be called
42 democratic parties in these colonies have forgotten for a moment-what the democracy
43 of Australia is to be.
44
45 Well, to me we just got a bunch of political party criminals not the least interested in the health
46 and wellbeing of Victorians/Australians and after all how often are they personally held
47 accountable for their deliberate wrongdoing? This is why FREEDOM OF SPEECH is very
48 important but as we now the presstitutes being paid taxpayers monies under the cover of
49 assisting them through the covid period, while destroying the middle incomers and small
50 businesses we may just have to remember what really the constitution stands for.
51
52 Mattox v. U.S., 156 US 237,243. (1895) "We are bound to interpret the Constitution in
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1 the light of the law as it existed at the time it was adopted."

2
3 HANSARD 19-4-1897 Constitution Convention
4 QUOTE Mr. CARRUTHERS:
5 Mr. Barton first of all recites Dicey to show what occurs under the unwritten
6 Constitution of England. But here we are framing a written Constitution. When
7 once that Constitution is framed we cannot get behind it.
8 END QUOTE
9
10 Hansard 6-3-1891 Constitution Convention Debates
11 QUOTE Mr. THYNNE:
12 I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:
13 One of the characteristics of a federation is that the law of the constitution must be
14 either legally immutable or else capable of being changed only by some authority
15 above and beyond the ordinary legislative bodies, whether federal or state
16 legislatures, existing under the constitution.
17 That opens up a matter of very large consideration for this Convention. In the first place,
18 what is the authority above and beyond the legislatures which is to have the power of
19 changing the law of the constitution, or of regulating it in any form? The answer, of
20 course, is that it is the people of these colonies who are to be charged with that
21 important function; and I would, therefore, point out-and I think several hon.
22 members who have had considerable experience in leading what may be called
23 democratic parties in these colonies have forgotten for a moment-what the democracy
24 of Australia is to be.
25 END QUOTE
26
28 QUOTE Mr. ISAACS (Victoria).-
29 It is not something separate from the other portion, and of this Dr. Burgess says, at page
30 217 of the first volume of his work:-
31 The phrase "equal protection of the laws" has been defined by the court to mean
32 exemption from legal discrimination on account of race or colour. This provision would
33 probably, therefore, not be held to cover discriminations in legal standing made for other
34 reasons; as, for example, on account of age or sex, or mental, or even property
35 qualifications. The court distinctly affirms that the history of the provision shows it to have
36 been made to meet only the unnatural discriminations springing from race and colour. If a
37 discrimination should arise from any previous condition of servitude, I think the court
38 would regard this as falling under the inhibition. The language of the provision implies this
39 certainly, if it does not exactly express it.
40 END QUOTE
41
44 This is a Constitution which the unlettered people of the community ought to be able to
45 understand.
46 END QUOTE
47 .
49 QUOTE
50 The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting Committee
51 will not fail to exercise a liberal discretion in striking out words which they do not
52 understand, and that they will put in words which can be understood by persons commonly
53 acquainted with the English language.
54 END QUOTE
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1
3 QUOTE Mr. ISAACS.-
4 We want a people's Constitution, not a lawyers' Constitution.
5 END QUOTE
6
8 QUOTE Mr. SYMON (South Australia).-
9 That this is not like an Act of Parliament which we are passing. It is not in the position
10 which Mr. Barton has described, of choosing or setting up a code of laws to interpret the
11 common law of England. This Constitution we are framing is not yet passed. It has to
12 be handed over not to a Convention similar to this, not to a small select body of
13 legislators, but to the whole body of the people for their acceptance or rejection. It is
14 the whole body of the people whose understanding you have to bring to bear upon it,
15 and it is the whole body of the people, the more or less instructed body of the people,
16 who have to understand clearly everything in the Constitution, which affects them for
17 weal or woe during the whole time of the existence of this Commonwealth. We cannot
18 have on the platform, when this Constitution is commended to the people, lawyers on
19 both sides, drawing subtle distinctions, which may or may not be appreciated by the
20 people.
21 END QUOTE
22
23 The Framers of the Constitution about FREEDOM, etc embedded in the Constitution!
24
26 QUOTE
27 Mr. BARTON: I do not think it is a good thing under any circumstances that a judge
28 under a Federal Constitution, at any rate, should have anything to hope for from Parliament
29 or Government.
30 Mr. KINGSTON: Hear, hear.
31 Mr. BARTON: Where you have a sovereign Parliament, and the judge is merely the
32 interpreter of the laws as they arise, and not the guardian of a Constitution in the same
33 sense as a federal judge is, the same circumstances remain in part; but where you will have
34 a tribunal constantly charged with the maintenance of the Constitution against the inroads
35 which may be attempted to be made upon it by Parliament, then it is essential that no judge
36 shall have any temptation to act upon an unexpected weakness-for we do not know exactly
37 what they are when appointed-which may result, whether consciously or not, in biasing his
38 decisions in favor of movements made by the Parliament which might be dangerous to the
39 Constitution itself.
40 END QUOTE
41
43 QUOTE
44 Mr. BARTON: Let this speech do for the referendum also.
45 Mr. TRENWITH: I say with these evidences of the desire on the part of the people
46 for more freedom, for greater facilities for giving effect to the popular will, we ought
47 to make provision in this Constitution by which the will of the people can become law.
48 If we do that we shall be doing something which will make it more certain that this
49 Constitution will be adopted by the people.
50 END QUOTE
51
53 QUOTE
54 Dr. COCKBURN: Local freedom and government by the people are inseparable.
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1 END QUOTE
2
3 Hansard 12-3-1891 Constitution convention Debates
4 QUOTE Mr. ADYE DOUGLAS:
5 It is to be hoped that when such a proposal goes before the home Government some
6 objection will be taken to it. I could understand that in dealing with foreign nations we
7 should put duties upon their goods, and I should expect that we ourselves should be treated
8 by them in the same way; but when the mother country takes all our productions without
9 imposing the slightest duty it seems to me not a very generous proposal that we should
10 raise a barrier against the productions of the mother country and treat her as a foreign
11 nation That is very loyal indeed; in fact I am astonished at the loyalty of this Convention. I
12 am not going to inflict upon the Convention my opinions with respect to loyalty; but when
13 I hear that we are to be deprived of the Governor appointed by the Queen, that we are to
14 abolish the power of veto, and that we are not to treat with the mother country upon fair
15 and equal terms as regards fiscal matters, I am inclined to ask what hon. gentlemen think
16 about their loyalty, and to say that their loyalty is a sham, and nothing else. How was I
17 treated the other day? When walking down Circular Quay, I happened to see some goods
18 that were imported, and some man said to me, "That is the effect of free-trade." I said, "I
19 am a free-trader"; to which he replied, "You ought to be shot down, and I would shoot you
20 down if I had the opportunity. I am a protectionist." Is that the sort of conduct we are to
21 receive here because we have freedom of speech and freedom of opinion? Are free-
22 traders to be crushed down because-
23 END QUOTE
24
26 QUOTE Captain RUSSELL:
27 It is a matter for social dealing. It is a matter with which men will deal rather
28 through municipalities than through a great federation in advancing, what I believe
29 it is necessary we should advance, the true liberties and freedom of the people.
30 END QUOTE
31
33 QUOTE
34 Mr. GILLIES: The people themselves have undertaken the duty of creating such a force
35 as, in their judgment, would be sufficient to meet any foe that might land on these shores.
36 There is nothing in these resolutions that I can see that would justify the statement
37 that it is contemplated by any colony, or by any group of colonies, or by any
38 individual, to bring about a standing army of such a kind as that to which the hon.
39 member referred-a standing army that might be a menace to the liberties of the
40 people. The people themselves have created such forces as we have, it is they who
41 willingly maintain them, and these resolutions contemplate no more and no less.
42 END QUOTE
43
45 QUOTE Sir GEORGE GREY:
46 These must seem almost too daring speculations; but, in point of fact, we are marching on
47 to an altogether new epoch, to new times, and the very essence of the constitution must
48 be this: I heard one hon. gentleman here state that we must remember that we are
49 legislating for the future; and I agree with him if he meant that we are legislating in such
50 a manner as to enable the future to legislate for itself-that it is our object that freedom in
51 every respect shall be given, so that as each generation comes on they shall say, "Blessed
52 be those ancestors of ours who have left us this freedom, so that nothing can take
53 place-no changes in the state of the world-but we possess all powers to define the
54 measures most necessary to bring peace and tranquillity at every epoch it comes
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1 on." That is the real duty which we should aim to fulfil; and it is only by allowing the
2 people to speak, and at all times to declare [start page 140] their views and their wishes,
3 and to have them carefully considered, that we can insure peace, tranquillity, and
4 prosperity to each country in each successive epoch of time as it arrives.
5 END QUOTE
6
8 QUOTE Mr. FITZGERALD:
9 The people of Australia have stretched their limbs. They feel themselves animated
10 by that high spirit which characterised their ancestors. They feel within them that
11 they are doing a duty inspired by the same motives as those of their race before
12 them. They know that men of their race have fashioned and formed a large portion
13 of the globe in a manner that redounds to their honor and credit, and to the freedom
14 of the world. They know that you cannot advance this country without adding to the
15 wealth, and the national importance, and the power of that grand empire to which
16 we belong, and they know that the expansion of the empire means the happiness and
17 the freedom of everybody who lives under the protection of its flag.
18 END QUOTE
19
21 QUOTE
22 The Hon. J.H. HOWE: Not in the case of money bills. The power of the purse is the
23 golden key which rules everything and opens every door. We know that we have allowed
24 these things to be frittered away, and for the sake of federation and for the sake of
25 entering into a brotherhood we have actually departed from the first position which we
26 took up. After we have done that, some hon. members want to bring in these insidious
27 amendments, so that the states shall have no independent life. Since I joined this
28 Convention in Adelaide, that fair city of the south, where the people are as free as
29 their air is pure, and whose freedom I wish to maintain, I have undergone the difficult
30 task of fighting an election.
31 END QUOTE
32
34 QUOTE The Hon. J.H. HOWE:
35 . I remember once reading about an Irish deputation which waited upon one of their
36 representatives, and accused him of selling his country. Of course the incident that I am
37 relating refers to the time when Castlereagh and English gold deprived Ireland of its
38 parliament, and almost enslaved its people; and when the deputation waited on him, and
39 accused him of having done a certain thing to the horror of, the deputation, he went down
40 on his knees and thanked God that he had a country to sell. We who come from the other
41 colonies are not imbued with that idea. We are here to give that which is memory to the
42 vigorous life of a free people occupying the whole of Australia; but we are not in a
43 position, and we do not intend to give you that which belongs purely to the state. I say
44 that I would rather become a native of Japan, than remain the citizen of a small state that
45 yielded the powers that this Convention is trying to force from it. What would national
46 life be without freedom? We have done very well hitherto. Our colony is looked
47 upon as a small colony that is, so far as population is concerned; but we have done
48 great work with our population; we are a vigorous and a free people: we have
49 undertaken works of great magnitude; we have the intelligence and common-sense
50 to know when our rights are invaded, and we have the courage to try to maintain
51 those rights. However much, from our geographical position, we may desire federation,
52 it must not be a federation which will make us subservient to the larger colonies.
53 END QUOTE
54
Page 7

2 QUOTE Mr. GILLIES:
3 Surely we are not to be told that, because that is in contemplation, there is at the same time some
4 secret purpose or object of depriving the people of their right on any particular occasion when
5 possibly there may be some great difference of opinion on a great public question. There have been
6 no peoples in these colonies who have not enjoyed the most perfect freedom to express their opinions
7 in public, and through their representatives in parliament, on any public question of importance.
8 There has never been any occasion when such an opportunity has not been given to every man in this
9 country, and so free and liberal are our laws and public institutions that it has never been suggested
10 by any mortal upon this continent that that right should be in any way restricted. On the contrary,
11 we all feel proud of the freedom which every one in this country enjoys. It is a freedom not surpassed
12 in any state in the world, not even in the boasted republic of America.
13 END QUOTE
14
16 QUOTE Mr. HOLDER.-
17 We know that it could never have been perfect by any possible contingency. But we may
18 claim that it is sufficiently perfect for a free and self-reliant people to live under its
19 rule with their freedom undiminished; and my answer to those who ask whether the
20 Bill is acceptable in this light is this: When we met in this Convention we entered upon a
21 task in which we realized we should be untrue to the trust reposed in us if we had not
22 dealt with the matters which came before us with the sense of responsibility resting upon
23 every one of us that we were dealing with matters on behalf of independent and self-
24 reliant states.
25 END QUOTE
26
28 QUOTE Mr. BARTON.-
29 Is it a Constitution which gives all reasonable and liberal guarantees of freedom?
30 That can only be answered in one way. Is it a Constitution the action of which, until
31 amended by the people, is preserved and safeguarded? There is only one answer to that.
32 Is it a Constitution which the people themselves, by their will expressed by their
33 Parliament and themselves, are able to alter to suit their needs under conditions of
34 reasonable thought, without unreasonable difficulty? There can be no answer but one to.
35 that question.
36 END QUOTE
37
39 QUOTE Mr. BARTON.-
40 Providing, as this Constitution does, for a free people to elect a free Parliament-
41 giving that people through their Parliament the power of the purse-laying at their
42 mercy from day to day the existence of any Ministry which dares by corruption, or
43 drifts through ignorance into, the commission of any act which is unfavorable to the
44 people having this security, it must in its very essence be a free Constitution.
45 Whatever any one may say to the contrary that is secured in the very way in which
46 the freedom of the British Constitution is secured. It is secured by vesting in the
47 people, through their representatives, the power of the purse, and I venture [start
48 page 2477] to say there is no other way of securing absolute freedom to a people
49 than that, unless you make a different kind of Executive than that which we
50 contemplate, and then overload your Constitution with legislative provisions to
51 protect the citizen from interference. Under this Constitution he is saved from every
52 kind of interference. Under this Constitution he has his voice not only in the, daily
53 government of the country, but in the daily determination of the question of whom
54 is the Government to consist. There is the guarantee of freedom in this Constitution.
55 There is the guarantee which none of us have sought to remove, but every one has
56 sought to strengthen. How we or our work can be accused of not providing for the
Page 8
1 popular liberty is something which I hope the critics will now venture to explain,
2 and I think I have made their work difficult for them. Having provided in that way
3 for a free Constitution, we have provided for an Executive which is charged with the
4 duty of maintaining the provisions of that Constitution; and, therefore, it can only
5 act as the agents of the people. We have provided for a Judiciary, which will
6 determine questions arising under this Constitution, and with all other questions
7 which should be dealt with by a Federal Judiciary and it will also be a High Court
8 of Appeal for all courts in the states that choose to resort to it. In doing these things,
9 have we not provided, first, that our Constitution shall be free: next, that its government
10 shall be by the will of the people, which is the just result of their freedom: thirdly, that
11 the Constitution shall not, nor shall any of its provisions, be twisted or perverted,
12 inasmuch as a court appointed by their own Executive, but acting independently, is
13 to decide what is a perversion of its provisions? We can have every faith in the
14 constitution of that tribunal. It is appointed as the arbiter of the Constitution. It is
15 appointed not to be above the Constitution, for no citizen is above it, but under it;
16 but it is appointed for the purpose of saying that those who are the instruments of
17 the Constitution-the Government and the Parliament of the day-shall not become
18 the masters of those whom, as to the Constitution, they are bound to serve. What I
19 mean is this: That if you, after making a Constitution of this kind, enable any
20 Government or any Parliament to twist or infringe its provisions, then by slow
21 degrees you may have that Constitution-if not altered in terms-so whittled away in
22 operation that the guarantees of freedom which it gives your people will not be
23 maintained; and so, in the highest sense, the court you are creating here, which is to
24 be the final interpreter of that Constitution, will be such a tribunal as will preserve
25 the popular liberty in all these regards, and will prevent, under any pretext of
26 constitutional action, the Commonwealth from dominating the states, or the states
27 from usurping the sphere of the Commonwealth. Having provided for all these
28 things, I think this Convention has done well.
29 END QUOTE
30
32 QUOTE Mr. GILLIES:
33 Surely we are not to be told that, because that is in contemplation, there is at the
34 same time some secret purpose or object of depriving the people of their right on
35 any particular occasion when possibly there may be some great difference of
36 opinion on a great public question. There have been no peoples in these colonies
37 who have not enjoyed the most perfect freedom to express their opinions in public,
38 and through their representatives in parliament, on any public question of
39 importance. There has never been any occasion when such an opportunity has not
40 been given to every man in this country, and so free and liberal are our laws and
41 public institutions that it has never been suggested by any mortal upon this
42 continent that that right should be in any way restricted. On the contrary, we all feel
43 proud of the freedom which every one in this country enjoys. It is a freedom not
44 surpassed in any state in the world, not even in the boasted republic of America.
45 END QUOTE
46
47 Let this sink in by the time the Constitution conventions were held the USA constitution already
48 had 15 amendments and yet the Framers of the Constitution held “It is a freedom not surpassed
49 in any state in the world, not even in the boasted republic of America.” which then implies
50 that the 15 amendments also were deemed applicable or at least their equivalent with the
51 Commonwealth of Australia Constitution Act 1900 (UK)
52
Page 9
1 QUOTE
2 Mr. GILLIES: The people themselves have undertaken the duty of creating such a force
3 as, in their judgment, would be sufficient to meet any foe that might land on these shores.
4 There is nothing in these resolutions that I can see that would justify the statement
5 that it is contemplated by any colony, or by any group of colonies, or by any
6 individual, to bring about a standing army of such a kind as that to which the hon.
7 member referred-a standing army that might be a menace to the liberties of the
8 people. The people themselves have created such forces as we have, it is they who
9 willingly maintain them, and these resolutions contemplate no more and no less.
10 END QUOTE
11
12 Ministers and their officials
13
15 QUOTE Sir JOHN DOWNER.-
16 I think we might, on the attempt to found this great Commonwealth, just advance one step,
17 not beyond the substance of the legislation, but beyond the form of the legislation, of the
18 different colonies, and say that there shall be embedded in the Constitution the righteous
19 principle that the Ministers of the Crown and their officials shall be liable for any
20 arbitrary act or wrong they may do, in the same way as any private person would be.
21 END QUOTE
22
23 It appears to me that the High Court of Australia had it wrong in the following case:
24 .
25 Alec Kruger & Ors v The Commonwealth of Australia; George Ernest Bray & Ors v The
26 Commonwealth of Australia [1997] HCA 27 (31 July 1997)
27 Matter No M21 of 1995
28 QUOTE
29 "Q.2. Does the Constitution contain any right, guarantee, immunity, freedom or provision
30 as referred to in paragraph 29 of the Amended Statement of Claim, a breach of which by -
31 (a) an officer of the Commonwealth; or
32 (b) a person acting for and on behalf of the Commonwealth;
33 gives rise to a right of action (distinct from a right of action in tort or for breach of
34 contract) against the Commonwealth sounding in damages?"
35 A. No.
36 END QUOTE
37
38 Alec Kruger & Ors v The Commonwealth of Australia; George Ernest Bray & Ors v The
39 Commonwealth of Australia [1997] HCA 27 (31 July 1997)
40 Matter No M21 of 1995
41 QUOTE
42 Matter No D5 of 1995
43 1. The questions reserved for the consideration of the Full Court be answered as follows:
44 "Q.1. Is the legislative power conferred by section 122 of the Constitution or the power to
45 enact the Ordinances and regulations referred to in paragraphs 4-9 inclusive of the
46 Amended Statement of Claim so restricted by any and which of the rights, guarantees,
47 immunities, freedoms, or provisions referred to in paragraph 26 of the Amended Statement
48 of Claim as to invalidate the Acts, Ordinances and regulations referred to in paragraphs A,
49 B, C and D of the claim to the extent pleaded in those paragraphs?"
50 A. No.
51 "Q.2. Does the Constitution contain any right, guarantee, immunity, freedom or provision
52 as referred to in paragraph 26 of the Amended Statement of Claim, a breach of which by -
53 (a) an officer of the Commonwealth; or
Page 10
1 (b) a person acting for and on behalf of the Commonwealth;

2 gives rise to a right of action (distinct from a right of action in tort or for breach of
3 contract) against the Commonwealth sounding in damages?"
4 A. No.
5 END QUOTE
6
7
9 QUOTE
10 Dr. COCKBURN: Local freedom and government by the people are inseparable.
11 END QUOTE
12
14 QUOTE
15 Mr. SYMON: We are the one country of freemen on the continent!
16 Mr. TRENWITH: I thank my hon. and learned friend for that term. There is one colony
17 of freemen on the continent. Why? Because every voter in South Australia has equal power
18 with every other voter. We are now going to create another form of citizenship, and we
19 must create it under conditions that will maintain freedom to the citizens of the
20 nation, as South Australia has obtained freedom for the citizens of the state. Therefore, I
21 am justified in saying that we have a right to consider the people of the larger states must
22 and will consider whether we shall hand to posterity a heritage of slavery or of freedom. If
23 we vote for equal power to every citizen, we shall be making free people of the future
24 Australians; if we vote for greater power for one citizen than for another, we shall be
25 putting chains upon the legs of the citizens in the larger states of this commonwealth.
26 END QUOTE
27
29 QUOTE Mr. BARTON:
30 I hope that I am at any rate acting in the spirit in which we all labour together, and that the
31 result of our labour will be to found a state of high and august aims, working by the eternal
32 principles of justice and not to the music of bullets, and affording an example of freedom,
33 political ity, and just action to the individual, the state and the nation which will one day be
34 the envy of the world.
35 END QUOTE
36
38 QUOTE
39 Mr. WISE.-You cannot impose exceptional treatment upon the citizens of another
40 state; that applies to everything.
41 END QUOTE
42 .
44 QUOTE Mr. OCONNOR (New South Wales).-
45 Surely every person who has the suffrage-the right to vote within the Commonwealth-
46 and who lives within the Commonwealth, is a citizen of the Commonwealth, and
47 entitled to all its privileges, including the right to take part as the Commonwealth
48 provides in the framing of the laws.
49 END QUOTE
50 .
52 QUOTE Mr. CARRUTHERS (New South Wales).-
53 It does not require a majority of the states to insist that the constitution shall be
54 obeyed, because a majority of the states cannot by resolution infringe the constitution.
55 END QUOTE
56 .

Page 11

2 QUOTE Mr. BARTON:
3 I believe that, with certain alterations in the financial provisions, that Bill is a measure
4 under which the colonies could even now safely federate. Not that I say it is the best Bill
5 that could be framed; but I do believe it is a well-devised and well-drawn Constitution,
6 and a Constitution [start page 11] under which a free people-making such
7 amendments from time to time as necessity will require, and the powers given by the
8 Constitution will allow-might live in perfect freedom and with perfect security.
9 END QUOTE
10
12 QUOTE
13 Sir GEORGE GREY: I wish to answer the last hon. member, who has made a very
14 interesting speech, but who, I think, has misunderstood the subject in part. In point of
15 fact, what I am aiming at is this: I believe that in the old constitutions, and in some of the
16 new constitutions, a machinery has been set up which virtually takes all liberty from the
17 people, or at any rate takes a very great amount of liberty from the people. We are told
18 that in Western Australia they have the power of altering their own Constitution. But they
19 can do that only with the consent of a council nominated for six years. That is no liberty
20 at all to the people. I believe that in this colony there is a nominated upper house and
21 plural voting. There is, probably, plural voting to a great extent in Western Australia. It
22 will take, perhaps, a term of many years to work off those burdens which are imposed
23 upon the people-a term of very many years I should think-whereas at the moment when
24 you are framing a new constitution, seeing that in every federal constitution certain
25 provisions are made for the government of the states, I ask that a similar provision should
26 be made for the government of the states here. I deny that, as an hon. member said, this is
27 any interference with state constitutions by this body. That is an absolute
28 misunderstanding of the case. What we propose is to authorise the people of the states, if
29 they are dissatisfied with their form of government, to alter it. We have been entirely
30 misunderstood on that subject. This Convention is not asked to exercise the smallest
31 interference; but surely, at the moment when you say you are about to confer great
32 benefits on all [start page 494] Australasia, it is not too much to say to those people who
33 may feel that they are suffering under a form of constitution which is not liberal, and does
34 not give fair play to the intellect and the energies of all its inhabitants, that if the great
35 majority of the people of the state choose to interfere with their constitution and give
36 themselves a more liberal one, they shall have the power to do so. I deny that I have
37 proposed any interference at all, or that I have asked hon. members of this assembly to do
38 anything which they ought not to do. On the contrary, I have besought them not to
39 interfere with the powers of the general legislature or with the powers of the states in the
40 manner I saw they were disposed to do, but to leave them absolute liberty. I say that, at
41 this time of giving freedom to all Australia, we should tell the people of the states
42 that if they please to alter their form of state government they may do it themselves,
43 without any reference to the British Parliament-without any reference to the British
44 Crown necessarily-but entirely of their own free will make such alterations as they
45 believe will lead to their happiness.
46 END QUOTE
47
48 Alexander Hamilton, Authority quote: (http://quotes.liberty-tree.ca/quote/alexander_hamilton_quote_71c2)
49 No legislative act contrary to the Constitution can be valid. To deny this would be to affirm
50 that the deputy (agent) is greater than his principal; that the servant is above the master;
51 that the representatives of the people are superior to the people; that men, acting by virtue
52 of powers may do not only what their powers do not authorize, but what they forbid. It is
53 not to be supposed that the Constitution could intend to enable the representatives of the
Page 12
1 people to substitute their will to that of their constituents. A Constitution is, in fact, and
2 must be regarded by judges as fundamental law. If there should happen to be a
3 irreconcilable variance between the two, the Constitution is to be preferred to the statute.
4
5 Fredrich August von Hayek, Authority quote: (http://quotes.liberty-tree.ca/quotes_by/fredrich+august+von+hayek)
6 The greatest danger to liberty today comes from the men who are most needed and most
7 powerful in modern government, namely, the efficient expert administrators exclusively
8 concerned with what they regard as the public good.
9
10 Robert Lindner, Authority quote: (http://quotes.liberty-tree.ca/quote/robert_lindner_quote_a79f)
11 Authority has every reason to fear the skeptic, for authority can rarely survive in the face
12 of doubt.
13
14 Friedrich Nietzsche, Authority quote: (http://quotes.liberty-tree.ca/quote/friedrich_nietzsche_quote_3039)
15 Distrust everyone in whom the impulse to punish is powerful.
16
17 George Orwell, Authority quote: (http://quotes.liberty-tree.ca/quote/george_orwell_quote_304c)
18 At any given moment there is an orthodoxy, a body of ideas which it is assumed all right-
19 thinking people will accept without question. It is not exactly forbidden to state this or that
20 or the other, but it is “not done”… Anyone who challenges the prevailing orthodoxy finds
21 himself silenced with surprising effectiveness. A genuinely unfashionable opinion is
22 almost never given a fair hearing, either in the popular press or in the highbrow
23 periodicals.
24
25 Lysander Spooner, Authority quote: (http://quotes.liberty-tree.ca/quote/lysander_spooner_quote_654e)
26 And the so-called sovereigns, in these different governments, are simply the heads, or
27 chiefs, of different bands of robbers and murderers.
28
29 Lysander Spooner, Authority quote: (http://quotes.liberty-tree.ca/quote_blog/Lysander.Spooner.Quote.DEEB)
30 Our constitutions purport to be established by 'the people,' and, in theory, 'all the people'
31 consent to such government as the constitutions authorize. But this consent of 'the people'
32 exists only in theory. It has no existence in fact. Government is in reality established by the
33 few; and these few assume the consent of all the rest, without any such consent being
34 actually given.
35
36 Voltaire, Authority quote: (http://quotes.liberty-tree.ca/quote/voltaire_quote_312a)
37 ...So long as the people do not care to exercise their freedom, those who wish to tyrannize
38 will do so; for tyrants are active and ardent, and will devote themselves in the name of any
39 number of gods, religious and otherwise, to put shackles upon sleeping men.
40
41 Ludwig von Mises, Authority quote: (http://quotes.liberty-tree.ca/quote/ludwig_von_mises_quote_bca5)
42 This, then, is freedom in the external life of man -- that he is independent of the arbitrary
43 power of his fellows.
44
45 Daniel Webster, Authority quote: (http://quotes.liberty-tree.ca/quote/daniel_webster_quote_3141)
46 The contest, for ages, has been to rescue Liberty from the grasp of executive power.
47
48 Edward Zehr, Authority quote: (http://quotes.liberty-tree.ca/quote/edward_zehr_quote_7281)
49 I wouldn't call it fascism exactly, but a political system nominally controlled by an
50 irresponsible, dumbed down electorate who are manipulated by dishonest, cynical,
51 controlled mass media that dispense the propaganda of a corrupt political establishment
52 can hardly be described as democracy either.
53
54 Ronald Reagan, Authority quote: (http://quotes.liberty-tree.ca/quote/ronald_reagan_quote_73aa)
Page 13
1 Freedom is the recognition that no single person, no single authority or government has a
2 monopoly on the truth, but that every individual life is infinitely precious, that every one of
3 us put in this world has been put there for a reason and has something to offer. It´s so hard
4 for government planners, no matter how sophisticated, to ever substitute for millions of
5 individuals working night and day to make their dreams come true. The fact is,
6 bureaucracies are a problem around the world.
7
8 Immanuel Kant, Authority quote: (http://quotes.liberty-tree.ca/quote/immanuel_kant_quote_a319)
9 Freedom is independence of the compulsory will of another, and in so far as it tends to
10 exist with the freedom of all according to a universal law, it is the one sole original inborn
11 right belonging to every man in virtue of his humanity.
12
13 Article 11 of the United Nations Universal Declaration of Human Rights provides:
14 "Everyone charged with a penal offence has the right to be presumed innocent until
15 proved guilty according to law in a public trial at which she/he has had all the
16 guarantees necessary for his defence."
17
18 OK, you may argue that the U.N. Universal Declaration of Human Rights may not be
19 applicable!
20
21 Newcrest Mining (WA) Ltd v Commonwealth [1997] HCA 38 (14 August 1997)
22 KIRBY J. : “ One highly influential international statement on the understand of universal
23 and fundamental rights is the Universal Declaration of Human Rights. That document
24 is not a treaty to which Australia is a party. Indeed it is not a treaty at all. It is not part of
25 Australia’s domestic law, still less of its Constitution. ”
26
27 There is however a complication with the statement by His Honour Kirby J (as he then was), this
28 because of the following “under this Constitution plus English law,”.
29
31 QUOTE
32 Sir JOHN DOWNER.-We spend time enough in discussing things here, and when
33 every one is agreed that this clause is not to be adopted in the form in which it is printed,
34 but is only to be a power of the Parliament, it is not worth while to discuss the question of
35 whether it is [start page 1665] absolutely necessary to put in the words. Where there is a
36 wide difference of opinion, it would be safer to do it. I agree with Mr. Barton that there is
37 no power, because sub-section (37) of clause 52 reads-
38 Any matters necessary for or incidental to the carrying into execution of the foregoing
39 powers, or of any other powers vested by this Constitution in the Parliament or Executive
40 Government of the Commonwealth, or in any department or officer thereof.
41 I venture to say that these are not necessary or incidental to the execution of any powers.
42 The Commonwealth will come into existence under this Constitution plus English
43 law, one of whose principles is that the Queen can do no wrong. That is the
44 foundation on which the Constitution is established.
45 END QUOTE
46
47 What this in effect means is that as the United Kingdom was part of the European Union at that
48 time the following did apply also:
49
50 The Commonwealth of Australia Constitution Act 1900 (UK) is a British Act and as such
51 considering the decision of Aggregate Industries UK Ltd., R (on the application of) v English
52 Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002) and Judgments - Mark
Page 14
1 (Respondent) v. Mark (Appellant), OPINIONS, OF THE LORDS OF APPEAL for judgment

2 IN THE CAUSE, SESSION 2005-06 [2005] UKHL 42 on appeal from: [2003] EWCA Civ 168
3 It appears that the The European Convention for the protection of Human Rights and
4 Fundamental Freedoms (“the ECHR”) albeit not overriding constitutional law, is
5 complimentary to British (constitution) law, as the Commonwealth of Australia Constitution
6 Act 1900 (UK) is.
7
8 This is what His Honour Kirtby J and other HCA judges failed to consider.
9
10 While the United Kingdom with BREXIT left the European Union, nevertheless as I understand
11 it the European Union previous legislative provisions remain applicable to the United Kingdom
12 and so the Commonwealth of Australia.
13
16 This is a Constitution which the unlettered people of the community ought to be able to
17 understand.
18 END QUOTE
19 .
21 QUOTE
22 The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting Committee
23 will not fail to exercise a liberal discretion in striking out words which they do not
24 understand, and that they will put in words which can be understood by persons commonly
25 acquainted with the English language.
26 END QUOTE
27
29 QUOTE Mr. ISAACS.-
30 We want a people's Constitution, not a lawyers' Constitution.
31 END QUOTE
32
34 QUOTE Mr. SYMON (South Australia).-
35 That this is not like an Act of Parliament which we are passing. It is not in the position
36 which Mr. Barton has described, of choosing or setting up a code of laws to interpret the
37 common law of England. This Constitution we are framing is not yet passed. It has to
38 be handed over not to a Convention similar to this, not to a small select body of
39 legislators, but to the whole body of the people for their acceptance or rejection. It is
40 the whole body of the people whose understanding you have to bring to bear upon it,
41 and it is the whole body of the people, the more or less instructed body of the people,
42 who have to understand clearly everything in the Constitution, which affects them for
43 weal or woe during the whole time of the existence of this Commonwealth. We cannot
44 have on the platform, when this Constitution is commended to the people, lawyers on
45 both sides, drawing subtle distinctions, which may or may not be appreciated by the
46 people.
47 END QUOTE
48
49 HANSARD 19-4-1897 Constitution Convention
51 Mr. Barton first of all recites Dicey to show what occurs under the unwritten
52 Constitution of England. But here we are framing a written Constitution. When
53 once that Constitution is framed we cannot get behind it.
54 END QUOTE

Page 15
1
3 QUOTE
4 Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten,
5 END QUOTE
6
7 And that is why as a constitutionalist I view matters different than you do. This is because the
8 “unwritten” part of the constitution must be drawn from the Hansard records of the
9 Constitutional Convention Debates. For example, the Australian electoral Commission charged
10 me for FAILING TO VOTE in the 2001 federal election. The AEC charged me for FAILING
11 TO VOTE in the 2004 federal election. Representing myself I defeated the Commonwealthj and
12 the 9 Attorney-Generals on constitutional ground that the “compulsory” part of voting was
13 unconstitutional. Representing myself I defeated them in both appeals!
14
15 Let me make it very clear that if you view that your “nationality” is “Australian Citizenship”
16 then well, it appears to me you do not have a clue what the constitution is about. After all I
17 challenmged this and neither the Commonwealth and/or any of the 9 Attorney-Generals
18 challenged me on this!
19
20 You can always read up on my blog https://www.scribd.com/inspectorrikati!
21
22 Public servants like to exercise powers and fine citizens for FAILING TO VOTE no
23 matter it is unconstitutional. This document sets out numerous issues to stand up for
24 your constitutional rights.
25 You can download the document from:
26 https://www.scribd.com/document/657537014/20230707-Mr-G-H-Schorel-Hlavka-O-W-
27 B-to-Mr-W-Gately-VEC-COMPLAINT-Re-Mark-Craig-Schorel-Infringement-4120508
28
29 I hold the position that FREEDOM OF SPEECH very much is part of the constitution! Are you
30 now going to correct yourself to The Epoch Times?
31
32
33
34 We need to return to the organics and legal principles embed in of our federal
35 constitution!
36
37 This correspondence is not intended and neither must be perceived to state all issues/details.
38 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
39 MAY JUSTICE ALWAYS PREVAIL®

40 (Our name is our motto!)

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Page 1

1 HANSARD 17-3-1898 Constitution Convention Debates

1 the light of the law as it existed at the time it was adopted."

1 Hansard 11-3-1891 Constitution convention Debates

1 (b) a person acting for and on behalf of the Commonwealth;

7-7-2023 Page 10 © Mr G. H. Schorel-Hlavka O.W.B.

1 Hansard 23-3-1897 Constitution Convention Debates

1 (Respondent) v. Mark (Appellant), OPINIONS, OF THE LORDS OF APPEAL for judgment

7-7-2023 Page 14 © Mr G. H. Schorel-Hlavka O.W.B.

39 MAY JUSTICE ALWAYS PREVAIL®

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