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Constitution of the Commonwealth of Australia - Constitutional 澳大利亚宪法的联邦宪法
Constitution of the Commonwealth of Australia .. and “local government”.
Consideration must be given by the Panel to:
Historic Commonwealth of Australia settings.
Historic State settings.
Current settings … and the difficulties of these at law!
The FUTURE … and appropriate money/funding issues!
Overall constitutional reform required.
Historic Commonwealth of Australia settings …
“Rule of Law” firstly means the law by which a country is governed.
Australia is governed by the Commonwealth of Australia Constitution Act 1900 (Imp)
[the Constitution], which is an Imperal Act following upon the referendum approval of the Australian people in 1898 – 1900 for the Bill its (colonial) Parliaments created.
The people of the Commonwealth are established as the (quasi) SOVEREIGN of the country, and all Parliaments (federal and State) are therefore subject to the people – including (specifically) what the people demand (by right) through referendum.
At law the Constitution establishes TWO levels of government – Ie. federal and State.
Hansard records show the Framers of the Constitution (in the debates of the 1890’s) held that each colony was seen as “local government”, and they were careful to NOT include municipal councils as another (or third) tier of government, leaving councils for States to manage. To suggest a third level/tier is acceptable at law is a deception/corruption.
Section 106 of the Constitution holds the States came to be “subject to this Constitution” – which means there is a limit to what the old colonies, now State/s, can do through their legislation – through the authority of their own (Imperial/colonial) constitution/s.
Notwithstanding …
In 1988 a referendum of the Australian people held that there was to be NO third tier of government - with municipal councils to be known as “local government”. The people rejected inclusion of Section 119A (as provided for in the referendum) in the Constitution – rejecting a third tier of government, leaving the S
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