Thursday, September 23, 2010

481. "ALTERATION." – AN IMPORTANT EXCERPT FROM "THE ANNOTATED CONSTITUTION OF THE AUSTRALIAN COMMONWEALTH"

This is a key that will not only make perfect sense to many of you, but, will also aid some of you who endeavour to triumph over legislative contract tyranny. This comes from Page 988. Hope you find it useful. :) 

481. “Alteration.”

The British Constitution can be altered by an Act of the British Parliament.  

In fact it is sometimes hard to distinguish between Acts passed by the British Parliament relating to matters of ordinary legislation, and Acts passed by it relating to the Constitution.  

The Federal Parliament, however, is not authorised to amend the Constitution of the Commonwealth. That Constitution can only be varied in a special way and after compliance with certain formalities and prerequisites. 

In like manner the Congress of the United States is deprived of power to amend the American instrument of Government. The disability of a Federal Legislature to alter the Federal Constitution is one of the organic features and a prominent characteristic of every federal system. 

If the Federal Legislature could change the Constitution it might transform itself from a subordinate law-making body into an organ of sovereignty; it might destroy the federal system altogether, and substitute a consolidated form of government. 

A Federal Legislature is a mere creature of the Federal Constitution; it is a mere instrument or servant of a federal community; it is an agent, not a master. 

The Constitution is the master of the legislature, and the community itself is the author of the Constitution. 

In this respect a federal legislature differs from a supreme legislature like that of Great Britain, which is the embodiment and essence of the sovereignty of the British nation.

Sovereignty resides in that person, or body, or class of persons in whom is ultimately vested the power to amend a Constitution of Government.


No comments:

Post a Comment