WA Does the Constitution Still Have Weight in Australian Courts?

[Pete pan]

Ok, so the constitution:

Does it have weight in the courts of Australia and is the government and its laws made without the Queen of England ruling illegal and illegitimate?

There's a lot of talk about statutes and bylaws that are illegitimate and whether if being a freeman and not accepting (the corporation) the Australian government as rulers or being a participant in the corporation that you will still have all rights appointed by the original constitution, and most state laws are not applicable to you.

Some see the Australian government as hijacking Australia and is pretty much just like North Korea. Can't remember the word but yeah, speed anyone know the facts about this as the original constitution can't be changed but due to breaking from the UK illegally as some would say, the government has taken away and amended many basic rights.

We should always have the constitution as I understand basically if you don't hurt another person or damage someone else's property, you're free to go on your life unhindered

 

[Iamthelaw]

1 - Does the Constitution have weight in Australia (I think that's your question)? I assume you mean the Commonwealth Constitution - Yes, yes it does.

2 - Laws are still required to receive royal assent as the Crown is a constituent element of parliament. Not sure why you say otherwise.

3 - Your comments about the 'original constitution', 'state laws not applicable' and 'Australia being like North Korea' don't make any sense to me.

4 - Australia hasn't actually broken away from the UK.

5 - What rights are you referring to having been taken away? You need to understand that the Cth Constitution, even when first drafted contained very few express rights and not much has changed in that regard, in fact the HC has been somewhat liberal in saying that the Constitution has certain 'implied rights'. Our Constitution differs greatly from that of the U.S (insofar as express rights are concerned) and always has.

6 - Corporation of Australia? I think you've been watching too many YouTube videos.

 

[Pete pan]

Hahaha YouTube videos hahaha. Yeah, probably.

Ummmm...I thought that the government has separated from the UK now and they are trying to make the commonwealth constitution inapplicable and they've made the commonwealth of Australia. Also, the Australian constitution.

I could be wrong - just heard a bit about it lately and watched a few videos on YouTube lol

Also, when in a court of Australia for a charge that has not been given royal ascent, how would one fight it?

 

[Rod]

Forget all the freeman nonsense. Won't help you in court, which is where your legal rights matter.

Pseudo legal terms used by 'freemen' are in the main not real legal terms or used out of context.

 

[Pete pan]

Yeah, cool. This is just for information purposes haha

What about the road traffic act? The stop and search laws, and taxation - are these infringements on the constitution?

 

[Rod]

As a general rule, no.

Some parts of these acts have been challenged from time to time. Some challenges have been won, some lost.

The sad fact is that we have few human rights in Australia.