It has long been evident that there is no significant problem in Australia which, if it were not created by the politicians, has not been made significantly worse by them.
Now, through arrogance formed in their swamp, panic, obsession with exaggerated modelling riddled with error and at Beijing’s behest, blind denial of world’s best practice, the politicians have gratuitously imposed on the Australian people the first depression in almost a century, camouflaged temporarily by confiscating the inheritance of the next generation. The leaders are drunk with a power which they do not deserve and which they are unworthy to enjoy.
While Beijing’s star client, the Andrew’s government , is the worse, no Australian government has failed to demonstrate symptoms of incipient dictatorship. I still recall the nightmare scene of mounted police hounding an old lady enjoying a coffee alone on a bench in a deserted Bondi park.
In the absence of recall elections and with delays in the High Court, there are solutions. Australians must soon take back their country, a theme to which I shall return, but which is regularly discussed at here at The Good Sauce.
In the meantime, our crowned republic, technically Constitutional Monarchy Mark II (to distinguish it from the 1688-1830 version), provides some solace.
Hence the following open letter principally to the Hon. Linda Dessau AC, Governor of Victoria; but also for all our Viceroys:
Your Excellency,
As your website confirms, under ‘The Governor as Head of State’ you are ‘steward of our democratic framework’, endowed with rights and access to certain reserve powers to ‘ensure that Victoria’s system of government operates within the accepted democratic and constitutional framework’.
Grave reservations have been made by leading jurists that the COVID-19 Omnibus (Emergency Measures) Amendment Bill will remove the ancient right of habeas corpus to have the legality of indefinite detention by ‘authorised officers’ tested before a court.
May I respectfully suggest that when you next receive your Premier, you suggest either an independent investigation or even a consideration of your preferred amendments empowered under the Constitution (section 14).
It would be appropriate here to recall, sotto voce, your reserve powers, including the right to refuse assent which King George V once raised.
Apart from the many deaths caused by maladministration, you could express your concern about the extraordinary number of draconian regulations responding to the Wuhan pandemic which have escaped proper process and scrutiny best ensured through the Governor-in-Council.
Take, as one of numerous examples, the federal health regulations to effect the overseas travel ban, discussed in Spectator Australia on 29 August. These were far wider than the legislation allows, seriously breaching common law rights.
At best this involves careless drafting at worse, malfeasance in public office. The regulations will be unlawful, as are the several breaches of the federal constitutional requirement that ‘trade, commerce, and intercourse among the States…shall be absolutely free’.
May I therefore suggest that you, and other viceroys, ensure that the heads of government, who are subordinate to you, are made aware of these concerns and are reminded of your crucial role in assuring the peace, order and good government of the States and of the Commonwealth.
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Professor David Flint AM is an emeritus professor of law and was chairman of the Australian Broadcasting Authority and the Australian Press Council, president of the National Federation of the English Speaking Union, Associate Commissioner with the Australian Competition and Consumer Commission and convenor of the Committee of Australian Law Deans. He has been National Convenor of Australians for Constitutional Monarchy since the 1999 referendum campaign. He has authored books on topics such as the media, international economic law and on the Constitution. At Barcelona in 1991 he received a World Jurist Association award as World Outstanding Legal Scholar. He was made a Member of the Order of Australia in 1995. His Good Sauce show,Take Back Your Country, discusses the problems and solutions to the decay of federalism and democracy.
