The Will of the People

Australian constitutional powers are for the people, not to empower tyrants.

No freeman shall be captured or imprisoned or disseised or outlawed or exiled or in any way destroyed, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land. (Magna Carta (39), 1215)

It seems, in Australia, that we are sinking deeper into a police state of totalitarian control by state premiers, health ministers and chief medical officers - an unholy trinity of tyranny. But isn’t this a democracy? It might be timely to remind ourselves that the mechanisms of government are still democratic in Australia, although this fact is easily missed given the current state of the nation.

The reason for our system of Parliament is to make laws¹ for the people, by the people, founded by our well-evolved British legal heritage². In other words, the laws should reflect the will of the people. The obligation of the people is to inform their parliamentary representatives of their will. The Members and Senators accordingly take that will to the Houses of Parliament to ensure the will of the people is reflected in the governing of the country.

If the will of the people is not expressed to their representatives in Parliament then it’s likely the Members are going to go along the lines of whatever they perceive to be the trend of opinion (being popular and in-line with trends is likely to serve them well come next election, right?).

What Members of Parliament need, from the people’s perspective, is clearly articulated WILL (not opinion) in a formal letter - “It is my will that such and such be done.” For every one person who takes the time to write about their “will”, the Member supposes there must be a handful who feel the same yet have not written.

But without such direct communication from the people to the Member to what goes on in Parliament, then all sorts of things can go on in government that may enrage the people. But is it not the fault of the people for not expressing their will to the Parliament via their representatives?

It is the responsibility of the people to inform their representatives in Parliament, in writing, of the will of the people.

It is the responsibility of the Member of Parliament to express the will of the people, voting on legislation before him according the the will of the people he represents.

State and Federal³ Ministers administer departments of State on behalf of the Queen in accordance to legislation relating to their departments, and are paid servants⁴ of the Crown. The permanent legal government or Monarchy is wholly and solely legally responsible directly to the people, and to no one else.

The functioning of Parliament, therefore, constitutes:

1. Electors voting for State and Federal Members and keeping them informed at all times as to the will of the electors⁵.

2. The will of the people is given effect in the form of bills that represent the “bar of public conviction” (not mere opinion), in the Lower House.

3. A checking mechanism, in the Upper House, to make sure the will of the electors is correctly translated into legislation.

4. Royal assent⁶ is then given, or not, by the Crown on any bill to become an Act.

If the will of the people is not upheld, then there are mechanisms to remove the servants of the Crown who are not doing their job. This is the democracy we have and should be exercising.

1. The Parliament is simply a law making machine. It has only one true legal purpose, along with the institution of the Monarchy, of giving the people what they ask for in matters of rule and law of the country.

2. A heritage that includes the Magna Carta, the Bill of Rights, and Christian principles of the Bible https://blog.canberradeclaration.org.au/2021/10/22/vaccine-mandate-court-case-should-australia-have-a-bill-of-rights/

3. Under Commonwealth and State Constitutions all ministers of the Crown stand equal to each other in law, none is subordinate to the other; all are equal before Her Majesty. Thus, in cold hard legal law, no Prime Minister or State Premier has any legal power of control over the other ministers, unless a specific Act of Parliament gives him that control for specific purposes and only for that purpose.

4. They cannot claim to be “The Government” as the government cannot be elected as it is permanently embodied in the institution of the Monarchy. A Monarchy that can “govern” only according to the direct or indirect expressed will of the people - as that is its role as the protector of the people.

5. Again, if you don’t write letters telling your Members what your will is, then your freedoms and privileges may not be represented in the governing of the country. Simply electing Joe Smith as your representative does not mean your WILL will be expressed in Parliament.

6. At any time the electors have the legal power to ask Her Majesty to re-submit any Act of Parliament for amendment or repeal according to their will. It is also the legal privilege of the people to ask the Queen to have any legislation, that the people will, brought down and passed in both Houses of the Parliament.