Some interesting comments were made on these questions by barrister Bevan
Lawrence at a StopMAI meeting last year. See my pr�cis at
http://www.nettrek.com.au/~brian/stopmai03.htm#C
Regards
Brian Jenkins
John Wilson wrote:
|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?
----------------------------------------------------------------
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]
