|
Why! Surely the transfer of independence transferred British
crown title to Australian crown title. Crown being a figment of our imagination,
like our money.
So long as it is popularly trusted it has value. BUT A
REPUBLIC HAS NO CROWN. NOTHING TO WHICH THE PEOPLE CAN TURN TO WHEN OPPOSED BY A
PRESIDENT. revolutions are the only recourse in a republic, rarely necessary in
a monarchical system.
Why. because it is hereditary. The King has to remain popular,
to protect his family inheritance or monarchy, The people as a whole are more
important to a King, than they are to the Party. That is they were always
popular despite their sexual deviations or whatever, because they were human,
given to ordinary faults, but above all not elected by any except God or nature
if you will.
. Now we need the crown system more than a corrupt royal
family, or a corrupt electoral President under the control of a Party system who
can escape with bags of money after a few years. We need a God given hereditary
president, because he knows that his life is at stake, not a 5 year wonder who
fills his bank account for the eventual succession.
Philip Madsen
----- Original Message -----
Sent: Tuesday, October 26, 1999 2:18
AM
Subject: What Happens when the Crown
disappears ?
IN A REPUBLIC THE CROWN WILL DISAPPEAR.
BUT THE CROWN IS
THE BODY THAT GIVES TITLE TO
LAND
==============================================
The republicans
have totally ignored the issue of the Crown in the republic debate. It is easy
to see why as there will be a fundamental uncertainty associated with the
title of land in a republic. In fact there may be no title available at all.
This is because the Australian Parliament does not have the power to effect a
valid transfer of title from the British Crown. The British Crown is a totally
sovereign and totally foreign power and all land is held by it.
State
Parliaments do not have the legislative power to force the transfer of the
fundamental title which vests in the Crown - “the title to the public
lands...has all along been, and still is, vested in the Crown. (The
Commonwealth v New South Wales (1923) 3 CLR 1 Higgins J at 62)
The
Commonwealth Parliament is in no better position then the State Parliaments.
“I think that the Crown in right of the Commonwealth took just the same full
property and rights as to the land, that the Crown in right of the State had
before the transfer of the Department. THE CROWN REMAINS THE OWNER, but deals
with the land under the Commonwealth law instead of under State law”.( The
Commonwealth v New South Wales (1923) 3 CLR 1 Higgins J at 71)
The
Parliaments of Australia only have power to administer the land in the name of
the Crown. The Wik case means that at the end of pastoral leases such land
will return to the Crown. However the Parliament will have no authority, in a
republic, to order the Crown to transfer the land to Australian republican
title.
There will be a ‘title vacuum’. In this ‘title vacuum’ an
international court could order all land, as a fundamental title, to be
transferred to Aboriginal Land Councils.
Finally for the issues raised
above to be of public relevance they do not have to be established as correct.
This can, of course, only be done in a future court challenge. IT NEEDS ONLY
TO BE ESTABLISHED THAT THERE IS AN ARGUMENT OF MERIT TO TAKE TO AN
INTERNATIONAL COURT.
Should this threshold be reached it has great
implications for the republic debate. It is axiomatic that a future acceptance
of a republic is based on the belief that there is absolute certainty of land
tenure. Any uncertainly, no matter now small, would be of great concern to the
Australian people.
The above is the subject of a discussion draft that
have been prepared by the Australian Community Organisation. Should you wish
to have further details please Email us. We can provide the document
immediately in electronic format for you to print out
locally.
Kerry Spencer-Salt B.E., LL.B (Hons)
The National
Watchman
Australian Community Organisation
P.O. Box 136, Surry Hills NSW
2010
Phone : (02) 9360 0610
E-Mail :
[EMAIL PROTECTED]
Website : www.rockroll.com.au/watchman
|
