Australian Constitution 6 hours ago This is an open letter published internationally. To Quentin Alice Louise Bryce, Companion of the Order of Australia, Governor-General of the former Commonwealth of Australia; I have not previously had the occasion to introduce myself - it is now appropriate that I do so formally; viz: I Declare, according to Law, I am: JAMES THE SECOND, by the Grace of God, King of Australia and His other Territories, Head of the United Kingdom of Australia. Greeting. As you are undoubtedly aware, the English Crown itself is a ‘corporation sole’ (as distinct from a corporation) that represents the legal embodiment of the Executive Government, which in English law is a legal entity consisting of a single (sole) incorporated office, occupied by a single (sole [the sun personified]) man or woman. This allows a corporation sole (usually a religious corporation but not necessarily) to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office holder having identical powers to his predecessor. In the late seventeenth century, Stewart Kyd, the author of the first treatise on corporate law in English, defined a ‘corporation’ as: “A collection of many individuals united into one body, under a special denomination, having perpetual succession under an artificial form, and vested, by policy of the law, with the capacity of acting, in several respects, as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation, or at any subsequent period of its existence,”i op.cit. Corporations are brought into being within a legal framework or body of law that specifically creates them as legal personalities. Typically, corporations are viewed as a fictional person, a legal person, or a moral person, as opposed to a natural person. Thus, once created, corporate statutes typically give corporations the ability to own property, sign binding contracts, pay taxes in a capacity that is separate from that of its shareholders, who are sometimes referred to as “members.” According to Lord Chancellor Haldane: “...a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation,”ii op.cit. You will agree that the ‘Australian Imperial Crown’ (The Crown) existed in Law as a legal fiction or simply a mental concept - similar to that described by Lord Chancellor Haldane above. In other words, The Crown existed in Law, but not materially as a corporation sole in fact. This is no longer the case. I Declare: The Crown in Australia has passed into being as a corporation sole according to Law. In order to achieve this, I have evoked a special legal framework - vested in the policy of the Law in both statute and the common law of Australia and the United Kingdom (Law [as referred to herein, as distinct from: ‘law’]) - to bring The Crown into being as an existing legal personality in fact and Law. Thus, I Declare I am the King of Australia according to Law. With respect to the forgoing matters, I refer in part, yet without limitation whatsoever, your attention to the following matters, facts, and things. Specifically, I draw your attention to Clause 2 of the Preamble to the Commonwealth of Australia Constitution Act (The Constitution) as generally cited, and other relevant matter, viz: 1. Queen Victoria’s Proclamation of 17 September 1900, published in Gazette 1901, p. 1, passed in the sixty-fourth year of Her Reign, enacting an Act of Parliament intituled: “An Act to Constitute the Commonwealth of Australia” uniting The People of New South Wales, Victoria, South Australia, Queensland, Tasmania and Western Australia in a Federal Commonwealth (Imperial Statutory rules and Orders, Revised 1948, Vol. II., Australia, p. 1027); 2. an Act generally cited as: The Statute of Westminster, 1931 UK; enacted to give effect to certain resolutions passed by Imperial Conferences held in the years 1926 and 1930; 3. an Act generally cited as: The Statute of Westminster Adoption Act 1942; enacted to remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays occurring in its Passage, and to effect certain related purposes; by adopting certain Sections of the Statute of Westminster, 1931, as from the Commencement of the War between His Majesty the King and Germany; 4. an Act generally cited as the: Royal Powers Act 1953, Act No. 74, 1953; assented to 10 December 1953 - commenced 7 January 1954; 5. Elizabeth The Second’s Letters Patent of 21 August 1984, in relation to the Office of Governor-General of the former Commonwealth of Australia; see clause V (b) of those Letters Patent, published in Gazette 1984, S334; 6. an Act generally cited as: Australia Act 1986 (Act No. 142; assented to 4 December 1985 and came into operation on 3 March 1986 at 5.00 a.m. Greenwich Mean Time [see Gazette 1986, No. S85, p. 1]), an Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the former Commonwealth of Australia as a sovereign, independent and federal nation; 7. … ; 8. Elizabeth The Second’s Letter Patent of 11 May 2003 Amending Her Letters Patent of 21 August 1984 relating to the Office of Governor-General of the former Commonwealth of Australia; published in Gazette 2003, S 151; 9. Elizabeth The Second’s Letters Patent of 21 August 2008, Revoking Her Letters Patent of 21 August 1984 in relation to the Office of Governor-General of the former Commonwealth of Australia; see clause V (b) (not cited herein); 10. applicable common law (not cited herein).
Posted on: Sun, 16 Jun 2013 13:53:32 +0000
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