Constitution Watch

  There are two ways successful UK litigants can have their judgments recognised in Australia Enforcing judgments abroad can be a complex and costly exercise. Fortunately, successful UK litigants can generally have their judgments recognised in Australia without having to relitigate their case. Once a UK judgment has been recognised the judgment creditor can avail Read More …

Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. Accordingly, advanced skills in Read More …

  Is it possible to break a law that has not yet been made? In Australia the answer is yes. Both State and Federal Parliaments have the power to create retrospective legislation: laws that are madeex post facto– after the fact – so that they apply to events in the past. This power sits uneasily Read More …

The pre-runner to the Lima Agreement and Agenda 21, this is the UN blueprint for a new economic order based on the redistribution of wealth from the developed countries of the world into the waiting hands of the undeveloped nations of the world. 3 pages   If you can spare a few dollars for the Read More …

An interesting lecture and can be taken to be alike to the Australian scheme currently in play.   After 350 years of racial subordination and exclusion, South Africa became a democracy in 1994, under what was praised as the world’s “most progressive” Constitution. Twenty three years later, inequality and dispossession persist, crime and corruption are high, Read More …

The law of belligerent occupation (which from now on we will refer to simply as the law of occupation) governs the relationship between the occupying power, on the one hand, and the wholly or partially occupied State and its inhabitants, including refugees and stateless persons, on the other. It is applicable only in international armed Read More …

“ The rules of Evidence,” says Mr. Wills, “are the practical maxims of legal and philosophic sagacity and experience, matured and methodized by a succession of wise men, as the best means of discriminating truth from error, and of con­ tracting as far as possible the dangerous power of judicial discretion.” “ Such rules,”  “ Read More …

Australia and Britain have remarkably few constitutional guarantees of fundamental rights. This is not to say, of course, that the two countries are without any such protections. The Magna Carta of 1215 (“that great confirmatory instrument … which is the ground work of all our Constitutions”10) and the Bill of Rights of 1689 (“the product Read More …

A group of concerned lawyers have put together the following information to challenge the Australian and State Governments narrative in respect of the Covid19 Pandemic from expert and other evidence that is publicly available in Australia and worldwide, there appears to be strong evidence that there can no longer be a reliance on the premise Read More …

In 1901, Dr. John Quick and a barrister, Robert Garran, wrote their monumental volume, “The Annotated Constitution of the Commonwealth of Australia”. It took them a thousand and eight pages to try and explain the Constitution in relation to the culture and legal concepts of the nineteenth century thinking. That thinking automatically enshrined the Westminster Read More …

Treason is ‘a crime which has a vague circumference, and more than one centre’. The multiple facets of treason are reflected in the type of hyperbolic language that statutory and common law use to define it. In most jurisdictions, treason is viewed as the reflection of political undercurrents. It is considered as the primary offence Read More …

This article considers the process of historical development of the bankruptcy and insolvency laws in the United Kingdom, the United States and Australia. The central point is to demonstrate that the process has been one ofprogressive liberalisation of consequences accompanied either by increased regulation or new and innovate flexible techniques of creditor involvement. We conclude Read More …

“…the Constitution does not apply here.” That statement shocks most people up a wall — but it is an accurate and correct statement. The Judge will never tell you why, though. Of all of the different Judges that I know who have blurted out that statement, none of the criminal defendants have ever pressed the Read More …

The common law has long regarded a person’s property rights as fundamental. William Blackstone said in 1773: ‘There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property’.1 In the national consultation on ‘Rights and Responsibilities’, conducted by the Australian Human Rights Commission (AHRC) in 2014, Read More …

This paper is a comprehensive analysis of the barring of suits by cestuis que trust against their trustees for breach of trust. The defence of acquiescence is examined, with a specific focus on its meaning and constituent elements, after an analysis of the recent decision of the High Court of Australia in Byrnes v Kendle. Read More …

What is identity theft? Identity theft is when someone takes and uses your personal information such as name, address, date of birth or mother’s maiden name to commit theft. With enough personal information, thieves can: Withdraw money from your bank accounts, including by internet and over the phone. open new bank accounts in your name Read More …

Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Generally words in a statute should be given their plain and Read More …

 ‘Person’ Bible quotes; in alphabetical order. Acts 10:34 “Then Peter opened his mouth, and said, Of a trueth I perceiueth, God is no respecter of persons:” Deuteronomy 10:17 “For the LORD your God is God of gods, and Lord of lords, a great God, a mighty, and a terrible, which regardeth not persons, nor taketh Read More …

In January 1649 the commons resolved: ‘that the commons of England, in Parliament assembled, do declare, that the people are, under God, the original of all just power’ and indeed that the commons ‘being chosen by, and representing the people, have the supreme power in this Nation’ and again ‘that whatever is enacted or declared Read More …

THE MEANING OF CONSTITUTIONAL SUPREMACY Under this doctrine, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Read More …

221- FENDING OFF MIGHT WITH OLD WORDS AND HIGHER IDEALS Date: May 21, 2020 Each of us is bequeathed rights and the Divine Spark at birth. This gift is given us from on high – above the jurisdiction of men and corporation. Down here in the realm of men and corporation, documents were drafted to Read More …