Dear Fellow Australians, Is the United Nations' Covenant on Civil and Political Rights binding on Australia? For example, Article 14 says that "everybody shall be entitled to a fair and public hearing before a competent, independent and impartial tribunal established by law". Speaking to a representative of the Australian Federal Police, he said (and indeed the Oxford Dictionary of Law says in relation to England) that "a treaty does not become part of municipal law until brought into force by an Act of Parliament". The Oxford Dictionary of Law also says "In England the power to make or enter into treaties belongs to the monarch, acting on the advice of government ministers". In the Supreme Court of New South Wales, I am saying that I can only have trial by jury because I will subpoena judges, as judicial corruption is a major component of my case and, therefore, no judge can be such a tribunal as demanded by the UN covenant. Justice Scully, in his judgement, said "It is, I think, sufficient to say of those submissions that they are, in my respectful view, wholly and transparently without merit either in law or in fact and I reject them.". I would very much appreciate comment on whether Australian judges are bound by this or any United Nations treaty signed by the Governor-General. Australian judges say and believe they are protected by "a doctrine of immunity" or as Justice Murray said on 5 Sept 1997 "judges are immune from suit". I have also been told, in the Downing centre Local Court, that I would not be able to subpoena judges. Could I please have comment on that? With the High Court declaring, in the Heather Hill case, that "the Queen is a foreign power", and as the Governor-General in her representative, can Australia even enter into United Nations' treaties? Yours sincerely, John Wilson. ---------------------------------------------------------------- This is the Neither public email list, open for the public and general discussion. To unsubscribe click here Mailto:[EMAIL PROTECTED]?Subject=unsubscribe To subscribe click here Mailto:[EMAIL PROTECTED]?Subject=subscribe For information on [EMAIL PROTECTED] http://www.neither.org/lists/public-list.htm For archives http://www.mail-archive.com/[email protected]
