Law and Constitution

ASP Policy on the Law and Constitution

The rule of law is broken. Justice has been waylaid.  Our constitution has been forgotten, trodden down, scorned, abused, and utterly defiled.  The people are losing faith in justice, and true government accountability has become little more than a distant memory.  The time has come for the Australian people to arise and demand a restoration of law, a renewal of justice, and demand that either our original sovereign constitution be upheld with appropriate referendum enacted changes to it, or we establish a brand new and more resilient constitution, rightly approved by all Australians, a constitution and system of law that can give us true peace in our hearts knowing that integrity and impartiality will prevail.

Many have claimed that our current constitution, which is an Imperial British act, is invalid and unlawful.  There are many arguments to that effect, including that the Australian people never really got to vote on it back in 1900 (there was only a pretence that it was approved), or that the Constitution as a British law became void once Australia signed the covenant of the League of Nations in June 1919, the Treaty of Versailles. There have been many other attempts to prove the constitution as invalid.  How can a sovereign state be sovereign if governed under the laws of another nation?

There are other pundits who believe the constitution is valid, but it is not in effect or in force, due to the “crown” having been illegally and treasonously removed from portions of the Constitution and other acts without the required referendum, or that the Australian government has been acting as an unaccountable corporate entity (being listed as a corporation on the New York stock exchange), and that each and every Australian is being treated as a corporate legal fiction, thereby enabling the government to deal with us under Maritime or contract law, instead of under Constitutional and common law.

Perhaps you have never paid such issues a thought, and maybe you do not have an opinion on the matter, but either way, you may still feel deep in your heart that the law is failing you, that real justice is not being upheld, that the government has not been truly representative or accountable, and you feel that they need to be kept in check as they seek to assume more power and control over our lives, eliminating ever more of our rights and freedoms in the process.

There are still many others who do not wish to be subject to a foreign power in the Royal House of Windsor (Her Majesty Queen Elizabeth II). The nation is divided on whom we should uphold as the head of state, and whether we should keep our constitutional monarchy, or that we should become a constitutional republic.

Whichever train of thought you subscribe to, it is clear the system is broken, and is probably beyond repair.  We do not need more band aids to conceal these gaping wounds in society, we do not need to cling to this fragmented and corrupted system which robs ordinary Australians of justice while protecting the wealthy and elite.

We must recognise that this infected and broken corporate system must be severed once and for all. We need to put in place a new legal structure (or restore the old one that hasn't been upheld) that more effectively limits the powers of government, upholds natural justice, enshrines our inalienable rights, protects our freedoms, and ensures that everyone, absolutely everyone is treated fairly and remains on the same level playing field, that no one may ever be held above the law.

This is an issue that must be treated with all due solemnity, not with haste. As such, the ASP does not have a defined and specific policy on this matter, but rather a general declaration of principles, a statement that we will be pursuing change.  We are seeking to fix that which is broken, to restore justice, to spell out in clear common language a defined set of laws that will govern all.  We are looking to institute a renewed model of government, a new or restored constitution, a renewed foundation for law, and in this effort, we will be seeking broad community engagement in this discussion.

There are however several important guiding principles we believe any new or restored Australian constitution and system of law and governance should include.  The following outlines but a few of those guiding principles:

  • That the people of Australia must collectively be defined as the only sovereign.
  • That we should have an elected Australian head of state, to represent the people. If we are to remain under the monarch, that the monarch appoints an Australian head of state that has been popularly elected by the people.
  • That executive authority must rest in a parliament with constitutionally limited powers, and that the parliament is ultimately subject to the will of the people.
  • That as part of this Constitution, our rights are forever enshrined into an Australian Bill of Rights, with clear explanations set down such that our rights can never be “interpreted” away.
  • That every person is to be regarded as a flesh and blood living human being, embedded with a divine eternal soul, and never to be treated or regarded as a lifeless legal fiction, or corporate entity.
  • That the new or restored Constitution, Bill of Rights, Acts of Parliament, and all law and legislation be written using the correct syntax and etymological use of language, that the use of words/language not be used to obfuscate or redefine the the proper intent or meaning of the passage.  That an accompanying document to every piece of law be written in simple and common parlance, or layman terms, so that everyone can understand the law.
  • That we should have a more transparent, efficient and standardised system of government, that state governments should be abolished as being redundant (only by expression of the will of the people), and that state departments and bureaucracies should be amalgamated into federal departments, to reduce needless wastage and duplication, and to ensure standardisation of law and procedure across all states.
  • That local councils be appropriately recognised as a legitimate level of government, and that strict guidelines and limitations be put on their powers. That these local governments be more accountable to their local electorate, and act as a conduit to bring local issues and concerns directly to the Federal Government.
  • That true private property rights be upheld, and that all land owners be immediately issued with their “fee simple estate” deed of title, or that land owners who have a mortgage against their property, must be furnished with their fee simple title deed once any lien has been removed.
  • That all civil and criminal legal proceedings are to be governed under a single new body of law, doing away with the confusion often created as to which set of laws or jurisprudence a case is being tried under ie; admiralty/maritime law, civil law, common law, constitutional law etc.  A person being tried has a right to know that the court is constitutionally legitimate, and that the law is there not to create confusion, but to help establish true justice.
  • That a new system of law must recognise that for there to be a crime, there must be a victim. If there has been no victim, whether the victim be a person, property or our natural environment, then a crime has not been committed.
  • That no penalty may ever be applied to a person arbitrarily, that the penalty or punishment must always befit the crime.
  • That a person charged with an “infringement” has a right to face their accuser in a court of law, that the accuser must be a living person who has witnessed said infringement.  The burden lies upon the accuser to prove that there is or was reasonable evidence that the actions of the accused did wilfully and recklessly endanger the public.
  • That there be no additional penalty applied for simply seeking to dispute a charge and contest your innocence. Being forced to pay court costs is tantamount to an additional penalty.
  • That Corporate law be overhauled, that CEO's and company directors may be held personally liable where their company has willfully or negligently polluted the environment with harmful toxic substances, or has engaged in any fraudulent or criminal activity that negatively effects the Australian people in any way.

The points we have made are of course but a few from an extensive list, but they provide a general reflection upon the direction the ASP would like to see these matters go.  This is ultimately an issue for serious discussion with the wider community, and any new/renewed Constitution and system of law proposed by the ASP will ultimately be a reflection of the Australian public’s will, which must then go to a referendum vote.

A very important note to all ASP supporters and members. Should the Australian Sovereignty Party ever be able to form a majority government, we will immediately uphold the constitution and relevant acts/legislation to abolish political parties as they currently operate.  Any party that has coerced, forced or manipulated elected representatives from acting according to the will of their electorate, and according to their own consciences, has interfered with true democracy, and has committed felonies worthy of imprisonment according to the:

  • CRIMES ACT 1914, PART II—OFFENCES AGAINST THE GOVERNMENT, Sect 28, Interfering with political liberty,

and also against the..

  • CRIMINAL CODE ACT 1995 – SCHEDULE, Section 3 Part 7.5 – Unwarranted demands.

At this stage, the Australian Sovereignty Party will cease to be a political party, and become an advocacy organisation with non binding ideas, policies and philosophies that any elected representative may choose to align with or not.

As a cautionary to ASP members and supporters, despite the many issues and complaints we have with the current system, we advise that any republic model being proposed by the incumbent parties be rejected, as it will more than likely lead to the further erosion of our rights and freedoms.  The incumbent powers have done little to encourage any confidence in their ability to govern, or to be transparent and accountable.  We therefore have no cause to trust them to introduce a worthy constitutional republic model, or system of law that will uphold our rights and freedoms.

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