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LEGAL CHALLENGE TO AUSTRALIAN SOVEREIGNTY
Russell Jones & Walker solicitors have been instructed by a leading group of Australian historical researchers to mount a challenge in the High Court seeking a declaration that Australia is truly an independent nation. The UK court will be asked to consider whether or not that present law and executive function in Australia is flawed and invalid. This challenge may well have a significant impact upon Canada and New Zealand. Australian legal Counsel has already stated that such a challenge should take place. UK Counsel's opinion is being sought.
Notes to Editors - By declaration at the Imperial Conferences of 1917,1921 and 1923 the United Kingdom government commenced the process of independence for the five named dominions, Australia, Canada, South Africa, New Zealand and Newfoundland. After the inter-imperial Relations Conference of 1926 the Balfour Declaration reiterated the policy decisions. By legislation commencing in 1931 the United Kingdom Parliament gave its imprimatur to the process and formally recognised de jure the separation of sovereignty which had already taken place de facto. However, within the executive branch of the United Kingdom Government it appears that elements exist which do not agree with the actions of the Parliament and who seek to negate thew legislation by means of proclamations and appointments under other United Kingdom legislation, including powers authorising the use of the Royal Sign Manual for the creation of Orders, Warrants and Commissions. By applying that legislative power to lands no longer under sovereign authority in places and jurisdictions which are no longer dependencies of the United Kingdom as required by law, these persons have misled Her Majesty with the deliberate intent of subverting the laws of the United Kingdom Parliament.
In short it appears that certain individuals decided to defy the Parliament to maintain as long as possible the trappings of Empire and have proceeded to continue making appointments as if the Commonwealth of Nations is simply the British Empire under another name. The view of the Secretariat of the Commonwealth of Nations is that Her Majesty's position in each of the member realms of the Commonwealth of Nations is titular only with no continuing executive authority.
On balance there is a strong presumption that the later legislation of the United Kingdom Parliament prevails giving independence to the Dominions including Australia and that the Commissions of Appointment insofar as they confer executive office and authority are a nullity. It also appears clear that the current sovereign has never possessed the power of executive appointment in the Dominions having ascended to the throne after the demise of the appointment and executive powers as the result of independence legislation.
ALAN CARE 0207 837 2808
FAX 0207 837 2941
or email A.S.Care@rjw.co.UK
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