Article View: wa.general
Article #720Re: the s126 furphy
From: Alan Luchetti
Date: Sat, 30 Oct 1999 00:00
Date: Sat, 30 Oct 1999 00:00
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2784 bytes
Trevor Calder <trevorREMOVE@THISiinet.net.au> wrote ... > Robert Moldenhauer (persia@persia.com) wrote .... > >Ok, the big vote is coming up, how's every voting? Republic or > >monarchy? > That has nothing to do with it. Do tell. > Look at section 126. > > Vote "Yes" and say goodbye to the States........ Staggeringly spot-off bush lawyering. Here's what the explanatory memorandum says about the insertion of s126 -- "13.88 Item 41 uses the spare section available to enact in the Constitution a provision stating that the Constitution of the Commonwealth of Australia, and all laws made under it by the Commonwealth Parliament, are binding on the courts, judges and peoples of every State and of every part of the Commonwealth. New s.126 is in essentially the same terms as covering clause 5 of the Constitution Act (UK)." s126 is as follows -- "126 Operation of Constitution and laws This Constitution, and all laws made under it by the Parliament, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State." cl.5 of the Constitution Act (UK) is as follows -- "SECT 5 Operation of the constitution and laws 5. This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth" This s126 scare story is right up there with the Weimar Republic and ON's 'if you vote YES, your backyard will be subject to native title claims'. alan L \-/
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1056b9,e08ea021c6c58dfb X-Google-Attributes: gid1056b9,public X-Google-Thread: 10df0c,e08ea021c6c58dfb X-Google-Attributes: gid10df0c,public X-Google-Thread: 1083c4,e08ea021c6c58dfb X-Google-Attributes: gid1083c4,public From: "Alan Luchetti" <luchettii@hotmail.com> Subject: Re: the s126 furphy Date: 1999/10/30 Message-ID: <7vdus8$u5f$1@the-fly.zip.com.au> X-Deja-AN: 542335550 References: <3819A2F4.4ACAB2@persia.com> <3819b731$0$3509@motown.iinet.net.au> X-Priority: 3 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2014.211 X-Complaints-To: news@zipworld.com.au X-Trace: the-fly.zip.com.au 941260488 30895 203.18.38.70 (30 Oct 1999 05:14:48 GMT) Organization: Zip World/Pacific Internet X-MSMail-Priority: Normal NNTP-Posting-Date: 30 Oct 1999 05:14:48 GMT Newsgroups: wa.general,aus.politics,aus.general