THE JUDICATURE
CHAPTER THREE;
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71. Tribune of the Plebes is a Common Law
Tribune (Lower class Living Souls);
The Chief Justice and two other Justices
and 10 Living Souls at no cost; shall be the representatives
of and
directly chosen by the Living Souls; to protect
their Rights and Liberties.
To abolish all Federal and State and Territory
Statutes and to abolish any Federal or State or
Territory Legislation that is in contempt of
this Constitution.
To protect their Rights and Liberties as to the
Acquisition on Just Terms of Land and or Property.
To protect their Rights and Liberties as to the
Acquisition for Easements of Land and or Property.
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(1). This Constitution shall not impair any right
which the Head of the Commonwealth may be pleased
to exercise by virtue of the Head of the Commonwealth
the Right to Show Mercy to grant
special leave of appeal from the High Court to
the Head of the Commonwealth in Council.
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(2). The decision to add any chemicals to the
Community Water supply or any other decision by any
Federal or State or Territory Parliament that
the Living Souls are protesting against and do not want.
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(3). The decision of the Tribune shall be final
on all Federal and State and Territory Parliaments and the
High Court and all other Courts in the Commonwealth
of Australia.
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72. In the name of and on behalf of the Living Souls of Australia the
judicial power of the
Commonwealth shall be the authority in a Federal Supreme Court to be
called the High Court
of Australia and in such other federal courts as the Parliament creates
and in such other courts as it
replaces with federal jurisdiction.
The High Court shall consist of a Chief Justice and a maximum of two
other Justices.
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The Justices of the High Court and of the other courts created by the
Head of the Commonwealth in Council with the Federal Executive Council;
(i.) Shall be appointed by the Head of the Commonwealth
in Council on an address to
both Houses of the Parliament.
All Justices so appointed must have the knowledge of this Constitution
and experience of
passing the correct judgment and to judge on the Evidence and Common
Law.
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(ii.) Shall not be removed except by the Head of the Commonwealth in
Council on an
address from both Houses of the Parliament, praying for such removal
on the ground of
proved misbehavior or incapacity:
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(iii.) Shall receive such remuneration payable out of the Consolidated
Revenue Fund
of the Commonwealth as the Parliament may fix but the remuneration
shall not be
diminished during their continuance in office.
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(iv.) Any Plaintiff or Defendent shall not be charged any court costs
by the High Court
of Australia and in such other federal courts as the Parliament creates
or any courts the
State or Territory Parliaments create.
(1). The appointment of a Justice of the High Court shall be for a term
expiring upon his or
her attaining the age of seventy years and a person shall not be appointed
as a Justice of the
High Court if he or she has attained that age.
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(2). The appointment of a Justice of a court created by the Head of
the Commonwealth in Council
shall be for a term expiring upon his or her attaining the age that
is at the time of his or her
appointment the maximum age for Justices of that court and a person
shall not be appointed
as a Justice of such a court if he or she has attained the age that
is for the time being the
maximum age for Justices of that court.
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(3). Subject to this section the maximum age for Justices of any court
created by the
Parliament is seventy years.
The Parliament may make a law fixing an age that is less than seventy
years as the
maximum age for Justices of a court created by the Head of the Commonwealth
in Council and may
at any time repeal or amend such a law but any such repeal or amendment
does not affect the term
of office of a Justice under an appointment made before the repeal
or amendment.
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(4). A Justice of the High Court or of a court created by the Head
of the Commonwealth in Council
may resign his or her office by writing under his or her hand delivered
to the
Head of the Commonwealth.
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(5). Nothing in the provisions added to this section by the Constitution
Alteration (Retirement
of Judges) 1977 affects the continuance of a person in office as a
Justice of a court under an
appointment made before the commencement of those provisions.
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(6). A reference in this section to the appointment of a Justice of
the High Court or of a court created
by the Head of the Commonwealth in Council shall be read as including
a reference to the appointment
of a person who holds office as a Justice of the High Court or of a
court created by the
Head of the Commonwealth in Council to another office of Justice of
the same court having a
different status or designation.
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(7). Shall protect the law abiding Living Souls and passing the correct
judgment on offenders.
The offender shall not enter into any agreements and no seeking of
any remorse. But the offender shall
be innocent until proven guilty and if guilty must repay the victim
to whom the offence was committed.
Shall immediately return that money or goods when any money has been
earned.
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(7a). That if any offender plans and secures tools or weapon then proceeds
to commit a criminal act against
another or any property that is when that person should have shown
remorse and not commit
that criminal act.
All persons being charged in all courts shall be given the opportunity
for cross examination allowed
to present evidence of witnesses or arguments in their own defence
and no person shall be placed in or
on Remand or custody or prison or incarceration as punishment before
conviction and or before the
matter has been heard unless the person is a real danger to the community.
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73. The High Court shall have jurisdiction with such exceptions and
subject to this Constitution and
all attached Acts in this Chapter Three of this Constitution to hear
and determine appeals from all
judgments or decrees or orders and sentences;
(i.) Of any Justice or Justices exercising the original jurisdiction
of the High Court:
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(ii.) Of any other federal court or court exercising federal jurisdiction
or of the
Supreme Court of any State:
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(iii.) Of Interstate Commission but as to questions of law only:
and the judgment of the High Court in all such cases shall be final
and conclusive.
(2). But no exception or regulation prescribed by the Parliament shall
prevent the High Court
from hearing and determining any appeal from the Supreme Court of a
State or Territory in any matter
in which an appeal shall be directed from such Supreme Court to the
High Court.
(3). The conditions of and restrictions on appeals
to the Head of the Commonwealth in Council from
the Supreme Courts of the several States shall
be applicable to appeals from them to the High Court.
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74. No appeal shall be permitted to the Head
of the Commonwealth in Council from a decision of the
High Court upon any question how so ever arising
as to the limits among themselves of the
Constitutional powers of the Commonwealth and
those of any State or States or as to the limits
among themselves of the Constitutional powers
of any two or more States unless the High Court shall
certify that the question is one which ought
to be determined by the Head of the Commonwealth who
shall issue the Writ to hold a Double Majority
Referendum of the Living Souls of Australia.
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(1). The High Court may so certify if satisfied
that for any special reason the certificate should be granted
and an appeal shall be directed to the Head of
the Commonwealth in Council on the question without
further leave.
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(2). An appeal shall be permitted to the Head of the Commonwealth in
Council from any court of any
State or Territory or from the High Court or any other federal court
in any matter in which the
public interests of the Commonwealth or of any State or Territory shall
grant leave to appeal
to the Head of the Commonwealth in Council.
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(3). A convicted person knows that he or she is innocent of a crime
the Head of the Commonwealth in
Council shall apply to the High Court to initiate a trail by Grand
Jury consisting of 24
persons chosen from the Living Souls of the State or Territory where
the Trail is held.
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(4). Except as provided in this section 74. This
Constitution shall not impair any right which the
Head of the Commonwealth may be pleased to exercise
by virtue of Head of the Commonwealth the
Right to Show Mercy to grant special leave of
appeal from the High Court to the
Head of the Commonwealth in Council.
The Parliament shall not make laws limiting the
matters in which such leave may be asked.
But proposed laws containing any such limitation
shall be reserved by the Head of the Commonwealth
for the decision of the Tribune of the Plebes
CHAPTER
THREE; Section 71 (1).
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75. Original jurisdiction of High Court in all matters;
a). Against any Company in Australia;
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c). To abolish Statute Law or any Legislation not in Section 51 of
this Constitution;
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(i.) Arising under any treaty and subject to Chapter One and Part Four:
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(ii.) Affecting consuls or other representatives of other countries
subject to
Chapter One and Part Four:
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(iii.) In which the Commonwealth or a person suing or being sued on
behalf of the
Commonwealth is a party:
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(iv.) Between States or between residents of different States or between
a State and a
resident of another State:
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(v.) In which a writ issued by a higher court to a lower court (mandamus)
or prohibition or an
injunction is sought against an officer of the Commonwealth:
76. The Parliament may make laws conferring original jurisdiction on the
High Court in any matter-- ;
(i.) Arising under this Constitution or involving it's interpretation:
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(ii.) Arising under any laws made by the Parliaments Chapter One Part
Five:
If any Proposed Legislation has no direct
relation to any Subsection of Chapter One and Part Five;
the High Court shall appeal to the Head of
the Commonwealth in Council.
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(iii.) Of Admiralty and maritime jurisdiction within the Coastal Area
and international boundary
only and on all sea going vessels whose first port of clearance and
whose port of destination
are in the Commonwealth:
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(iv.) Relating to the same subject matter claimed under the laws of
different States.
(1). Financed from the Consolidated Revenue Fund an appeal shall be allowed
from an individual or
individuals or any Company in which the Federal Parliament passing
Legislation that is not listed in any
of the 39 Subsections of Chapter One Part Five of this Constitution
which is an alteration of this
Constitution the High Court shall direct the Head of the Commonwealth
to issue the writ to hold a
Double Majority Referendum subject to Chapter Eight.
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(2). An individual Elector or Group of Electors and at no cost to them
may challenge the Parliament on any
Legislation passed that is not listed in Chapter One and Part Five
in and of this Constitution the
High Court shall direct the Parliament of Australia to abolish the
Legislation.
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(3). The Constitution like every other law is directly binding on every
individual and every
Government and Parliament within the Commonwealth.
In the exercise of the duty of interpretation and adjudication not
only the High Court but every court of
competent jurisdiction has the right to declare that a law of the Commonwealth
or of a State is void by
reason of violating the Constitution.
This a duty cast upon the Courts by the very nature of the judicial
function. The Federal Parliament and
the State Parliaments are not sovereign bodies they are legislatures
with limited powers any law which
they attempt to pass in excess of those powers is no law at all.
It is simply a nullity and entitled to no obedience.
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77. With respect to any of the matters mentioned in the last two sections
104 and 105 the Parliament
shall by Referendum of the Living Souls of Australia make laws;
(i.) Defining the jurisdiction of any federal court other than
the High Court:
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(ii.) Defining the extent to which the jurisdiction of any federal
court shall be exclusive of that
which belongs to or is the jurisdiction in the courts of the States:
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(iii.) replacing the jurisdiction of any court of a State with federal
jurisdiction.
78. The Parliament shall by Referendum of the Living Souls of Australia
make laws to give rights to
proceed against the Commonwealth or a State in respect of matters within
the limits of the
judicial power.
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(1). The Consolidated Revenue Fund of the Commonwealth and the Federal
Supreme Court shall
be independent of both Houses of the Parliament and all businesses
and individuals to allow
fair judgment and decisions in all matters in this Constitution.
The remuneration payable out of the Consolidated Revenue Fund of the
Commonwealth
leaves some doubt as to the Federal Supreme Court being independent.
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(2). The federal jurisdiction of any court may be exercised by a maximum
of two other
Justices and Grand Jury of 24 persons chosen from the community.
A Grand jury of 24 persons chosen from the community is a special jury
and may be used to decide
whether there is sufficient evidence to put an accused person on trail.
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LAW OF THE LAND
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79. The Commonwealth of Australia Constitution Act.
The general misconception is that any statute passed by legislators
bearing the appearance of law
constitutes the law of the land. Legislation that is not in Chapter
One and Part Five shall be put to a
Referendum Chapter Eight of the Commonwealth of Australia Constitution
Act.
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(1). The Constitution is the supreme law of the land and any statute
to be valid must be in agreement.
It is impossible for a law which violates the Constitution to be valid.
This is succinctly stated as follows: All laws which are repugnant
to the Constitution are null and void.
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(2). When rights secured by the Constitution are involved. There can
be no rule making or legislation
which would repeal them.
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(3). An unconstitutional act is not law and it confers no rights and
it imposes no duties and affords no
protection it creates no office and it is in legal contemplation as
inoperative as though it had never
been passed.
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(4). The general rule is that an unconstitutional statute though having
the form and name of law
is in reality no law but is wholly void and ineffective for any purpose
since unconstitutionality dates
from the time of its enactment and not merely from the date of the
decision so branding it.
No one is bound to obey an unconstitutional law and no courts are bound
to enforce it.
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(5). The Chief Justice and Justice and Judge and Magistrate and all
members of any Jury shall study
Chapter One and Part Five of The Commonwealth of Australia Constitution
Act.
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Magna Carta [1215]
Guilt is a personal attribute or quality of the actor. It might not
be involved in the act itself but guilt
depends on the intent or motive with which the act was committed. The
jury must find a person acted
from a premeditated malicious criminal motive, in order to find him
or her guilty.
This is the issue the jury try: “guilt,” or “not guilty.”
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Malice aforethought is the criterion by which common law defines guilt.
Justice can only demand the
finding of a guilty verdict and punishment where there has been malicious
criminal intent. There is no
moral justice nor political necessity (i.e. deterrent value) for punishing
where there was
no malicious criminal intent.
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(In the case of one person injuring another innocently or accidentally,
the civil law suit and the
Trial by Jury award appropriate compensation for damages.)
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Common law Trial by Jury makes malice aforethought or guilt a necessity
preliminary to conviction:
that is to say, ‘guilt’ cannot be attributed to a person nor imparted
to an action simply ‘by legislation’.
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This mechanism of the common law Trial by Jury protects (is intended
to protect) individuals from
governments which have criminal ends and would seek to further them
by making statutory ‘offences’
out of innocent acts which are not crimes.
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The mechanism can be effective only where the law is not broken by
courts and government, and
where the Constitution is faithfully upheld: where the Jurors’ rights,
duties, powers and functions are
fulfilled, and these latter are not illegally denied or interfered
with by judges, or
by politicians’ legislative contravention's.
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Common law defines crime as an act of injustice; that is, an act of
malice aforethought, of intrinsically
premeditated malicious motive.
Since pre-historical time immemorial, juries of people from all backgrounds,
some literate, others not,
have agreed on and enforced common law in the Trial by Jury against
injustices of all types,
such as tyranny, murder, rape, bodily harm, mental cruelty, torture,
robbery, theft, extortion,
arbitrary dispossession, fraud and so on.
Crime receives the universal condemnation of men and women in juries
in all times and places.
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80. Trial by jury.
A Judge is not the Court - but is of the Court a part of the Court.
A Court is constituted by a Judge
and a Jury. There is no Court unless there is a Jury. Trial by Jury
means Trial by Jury.
If the Judge finds the Legislation has not been Assented to by the
Governor General or is not part of
Chapter One and Part Five the Judge must advise the Jury to return
a Not Guilty verdict.
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If the Judge of the State or Territory finds the Legislation of that
State or Territory has not been
Governor of that State or the Administrator of the Territory the Judge
must advise
the Jury of those individual courts to return a Not Guilty verdict.
The trial of all written accusations of offenses in the jurisdiction
of a court by any court established
under the authority of this Constitution shall be by jury and every
such trial shall be held in the
State or Territory where the offence has been committed and when not
committed within any
State or Territory of Australia the trial shall be held in such State
in Australia as
the Parliament prescribes. All accused shall be innocent until proven
guilty.
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Any Living Soul who is a resident of Australia and who has not joined
any of the Australian military or
navy or air force to train in military armed combat in another Country
shall not be guilty of military
desertion or any other offence against any law of the Commonwealth.
And if captured by another Country shall be returned to Australia.
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80:1. The Oath of each Juror.
The members of the empenalled Jurors in a criminal trail shall take
the Oath;
You and each of you declare by Almighty God that you will faithfully
and impartially try the issues
between the Living Souls of Australia and the accused in relation to
all charges brought against the
accused in this trail and give a true verdict according the evidence.
If the Jury finds the Legislation is
not part of Chapter One and Part Five the Jury must return a Not Guilty
verdict.
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The members of the empenalled Jurors in a civil trail shall take
the Oath;
You and each of you declare by Almighty God that you will faithfully
and impartially try the issues
assess the damages in the cause brought before you for trail or inquiry
and give a
true verdict according the evidence. If the Jury finds the Legislation
is not part of
Chapter One and Part Five, the Jury must return a Not Guilty verdict.
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JURY RIGHTS
80:2.
To bring to your attention one important way our nation's founders
provided to insure that
you rule this nation and based on the Commonwealth of Australia Constitution
Act.
Not the growing army of politicians and judges and lawyers and bureaucrats.
To focus on the rule of power you possess as a Juror and how you got
it and why you have it and
remind you of the basis on which you must decide not only the facts
placed in evidence but also the
validity or applicability of every law and rule and regulation and
ordinance or instruction given by
any man or woman seated as a judge or attorney when you serve as a
Juror.
One Juror can stop tyranny with a not guilty vote. He can nullify bad
law in any case
by hanging the Jury.
The jury has the right to judge both the law as well as the fact in
controversy.
The jury has the right to determine both the law and the facts.
The law itself is on trial quite as much as the cause which is to be
decided.
The pages of history shine on instances of the jury's exercise of its
prerogative to disregard
instructions of the judge.
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No member of the Jury will be subjected to any harassment or pressure
from;
any other member of the Jury or Forman,
any member or Judge of the court or
the authoritarian powers of the Parliament,
the Central criminal Court,
the presiding Justice,
the Lord Mayor or other Mayors,
all united in matter of law for the trial;
and if the jury finding against the direction of the court in matter of
law that if the judge having heard
the evidence given in court shall not tell the jury of the Court that
upon this evidence you are under the
pain of fine or imprisonment to find as directed by the court for the
judge knows only the Statute Law.
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The clearest position is both for law and for reason. The power of
the jury to determine its verdict
free and unshackled is supreme. The Court has no power to dictate the
jury's verdict.
That one of the strongest powers in government is in the jury room.
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The 12 Members of the Jury shall each be free persons having the absolute
right to the judgment
they have decided. No Jury shall ever yield their rights and their
liberty shall not be for sale.
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If the Jury takes longer then one day will be provided free to each
of them accommodation
with toilet and food till they have made their final decision.
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All Living Souls before considering going to court shall arrange for
a meeting between themselves
and endeavor to settle any differences.
All Living Souls shall be responsible for their individual safety shall
not involve any court and or
jury action to secure payment from any source for their individual
actions.
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The Living Soul or Living Souls being charged shall be the first consideration
by the Jury that the
decision must be 100% correct because it is a persons life and income
and trauma to that person
and the family.
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Any Living Soul strongly protesting his or her innocence the Jury must
give a not guilty verdict.
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The victims of or to the crime shall also have equal consideration
by the Jury that the decision must
be 100% correct because it is trauma to the victims family.
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Each of the Jurors must understand the Law under which the Living Souls
are being judged.
Each of the Jurors shall receive a copy of the Law under which the
Living Souls are being judged.
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In such a trail the Living Souls judge of and determine their liberties
against the Parliament instead of
the Parliament judging of and determining it's own powers over the
Living Souls.
Those who deny the right of a jury to protect an individual in resisting
an unjust law of the Parliament
deny him all defence against oppression.
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The Head of the Commonwealth shall require the opinion in writing of
the principal officer in each of
the departments of the Judiciary and Head of the Commonwealth shall
have power to grant reprieves
and pardons for offenses against Australia except in cases of impeachment.
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Plaintiff or defendant choice of representative.
80:3. Magistrates Court Act 1989 section 38:
A party to a criminal proceeding may appear;
a). personally or;
b). by a legal practitioner or other Living Soul empowered by law to
appear for the party or;
c). in the case of the informant who is a member of the police force
or by a police prosecutor or
d). if the proceeding was commenced by the filing by a prescribed Living
Souls or a member
of a prescribed class of Living Souls or by
any other member of the
prescribed class of Living Souls.
80:4. Magistrates Court Act 1989 section 39:
Representation;
a). If a defendant is charged with an offence punishable by imprisonment
and;
b). the defendant is un-represented on his or her first appearance
before the court in respect of
the charge the court must;
c). ask the defendant whether he or she has sought legal advice and
d). if satisfied that the defendant has not had a reasonable opportunity
to obtain legal advice shall
grant an adjournment if so requested by the
defendant.
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80:5. Plaintiff or defendant choice of representative;
Living Souls presiding in any State or Territory court within Australia
shall not deny to the plaintiff or
defendant the right of representation of their choice upon the presentation
to the said Living Soul
this Constitution donating power that confers upon a donee the right
of representation of their choice
to either act on behalf of the donor or to co-represent with the donor
in the donor's matter.
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There shall be no requirement for the Living Souls presiding to demand
the plaintiff or defendant to
request a legal representative who is a member of the Bar.
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Subject to Section 117 of the Constitution; No lay Living Soul or second
lay Living Soul or plaintiff or
defendant shall not be evicted from the court or incarcerated or arrested
and or charged with
contempt of court for not using a legal representative as suggested
by the magistrate.
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A second lay Living Soul being a friend or family member or associate
who is available and sufficiently
competent to be the Plaintiffs representative.
80:6. This Constitution shall not provide Legal
Immunity;
Any Barrister or Lawyer or magistrate for trail work may be sued for
legal negligence and shall not
be immune from suit for allegedly negligent acts or omissions committed
in court in the conduct of
civil or criminal litigation or committed out of court but leading
to a decision affecting the
conduct of a case in court.
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If the Living Souls are to have ability to exercise their power as
the holders of the sovereignty of
the Commonwealth of Australia then we require the supreme right to
administer and exercise justice
and no Justice or Judge or Magistrate shall be immune from suit.
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All files listed below including all Legislative Acts mentioned in
these files shall be a part
of this Constitution and the basis of all Legislation in and of and
for Australia.
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To view these files click on links below;
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May apply for the position of Head of the Commonwealth.
(8). Chief Justice or any one of the two other Justices may apply for the
position of
Head of the Commonwealth. Shall have first preference for the appointment
by the Living Souls of
the Commonwealth by Referendum to hold the office of the Head of the
Commonwealth.
Shall extend to the execution and maintenance of this Constitution
and
of the laws of the Commonwealth.
(8a). Shall not hold the office of Head of the Commonwealth while employed
as Chief Justice or other
Justices of the High Court.
Chief Justice or any one of the two other Justices of the High Court
shall resign his or her office by
writing under his or her hand delivered to the existing Head of the
Commonwealth to accept the
position of the Head of the Commonwealth.
Subject to this section the maximum age for Head of the Commonwealth
is seventy years.