GAINING CONTROL:

Reference: http://www.statusquo.org/aru_html/html/const_safe.html

GAINING CONTROL:

Unread postby lazerzap » Thu Jan 02, 2014 8:37 pm

There maybe numerous ways for the people to gain total control of their constitutional arrangements. Some suggestions follow:

The Commonwealth Parliament could simply put a proposal to the people in accordance with Section 128 of the Constitution to amend the first line of Section 128 of the Constitution to read:

This Constitution, The Commonwealth of Australia Constitution Act 1900 (UK), The Statute of Westminster 1931 (UK), The Australia Act 1986 (Cth) and The Australia Act 1986 (UK) shall not be altered except in the following manner: - (Note: Attendant changes to Section 15(1) of the Australia Acts 1986 (Cth & UK) may also be required):

The Commonwealth Parliament could seize its authority under section 15(3) of the Australia Acts to seek a power to:

Rename the existing schedule to the Constitution to 'Schedule 1' with an attendant change to section 42 of the Constitution,

Add Schedule 2 consisting of the Statute of Westminster,

Add Schedule 3 consisting of the Australia Act 1986 (Cth),

Repeal Section 15 of the Australia Acts, and

Include a provision in s128 of the Constitution so that any repeal or amendment of any or all of the schedules is subject to the existing amendment provisions of s128 of the Constitution.

The Commonwealth Parliament could seize its authority under section 15(3) of the Australia Acts to seek a power to:

Amend section15(1) of the Australia Acts to read:
This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States, with such provisions having been approved by a majority of voters in each of the States, and, subject to subsection (3) below, only in that manner.

The Commonwealth Parliament could seize its authority under section 15(3) of the Australia Acts to seek a power to:

Amend section15 of the Australia Acts to read:
This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended by an Act of the Parliament of the Commonwealth in accordance with the provisions of s128 of the Constitution of the Commonwealth, and only in that manner.

The Commonwealth and State Parliaments, under the existing authority of section 15(1) of the Australia Acts, amend section 15(1) of the Australia Acts to read:

This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States, with such provisions having been approved by a majority of voters in each of the States, and, subject to subsection (3) below, only in that manner.
Each State parliament could include a new Chapter/Section in their State Constitution along the lines of the following example (The example shown is based on the Queensland Constitution):
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