Your Will Be Done (p6 of 10)
A booklet by Arthur A Chresby
(Research Analyst in Constitutional Law, and formerly Federal Member for Griffith in the House of Representatives.)
(5) WHAT IS THE TRUE LEGAL ROLE OF THE QUEEN AND HER VICE REGAL REPRESENTATIVES?
Over the last few years, as referred to in previous Chapters, there has surfaced the clear lines of what used to be a more subtle underground campaign to mislead the Australian People in accepting the concept that a republic is far superior in every way for Australia; that the monarchy is an out-dated mediaeval idea, having no logical place in modern thinking, whatever that may mean, no real relationship with this nation, and no real power or authority in our Parliamentary system.
YET NOTHING COULD BE FURTHER FROM THE TRUTH! As stated in Chapter 4:
Whatever it is physically possible to do, and the people want, the Queen has the final legal power to see that they get it, no matter how politicians may protest.
The sole and only legal limit to the power and authority of the Queen is the unknowable extent of what Her people, at any time of their choosing, may directly request of Her.
Put even more simply: the only true Constitutional and legal reason for the existence, and the only true legal purpose, of the Parliament, the institution of the Monarchy, and the offices of the Governor-General and State Governors:-
Is to give the people what the people ask for. Not what others think the people ought to have.
If the Australian people are too lazy and indifferent to ask for what they want, then they can blame only themselves if politicians and political parties impose their own ideologies on them.
It is legally unchallengable that the party system, with its direct and indirect powers of manipulating politicians and people, has quite illegally striven to drive a wedge between the people and the final source of all their Constitutional and legal powers, i.e., the institution of the Monarchy, as a prelude to transferring the unlimited power of that Monarchy into the hands of the controllers and manipulators of political parties, including the final party political control over the Armed Forces of the nation; a control which, at present, is legally vested in the Queen to ensure that, where directly expressed to Her, the WILL of the people shall at all times prevail.
In Chapter 3 it was stressed that Ministers of the Crown are not, and never legally can be, the "Government" of the State or Commonwealth that the Government was legally non-elective, and that an expansion of that statement would be given in this Chapter.
Both the written Constitution of the Commonwealth and the so called unwritten Constitutions of the six Australian States vest the "government" exclusively in the institution of the Monarchy, to be legally exercisable_in almost every case_by the Governor-General in the Commonwealth and the State Governors in the States.
Thus, constitutionally and legally, the Government CANNOT BE ELECTED for it remains permanently embodied in the institution of the Monarchy. It can "govern" only according to the direct or indirect expressed WILL of the people, for that is its legal role as the protector of the people.
The legal WILL of the people can only be expressed in two ways: indirectly through elected Parliamentarians by "MY WILL" letters or directly through the Queen's Vice Regal Representatives likewise. There is no other legal way that that WILL can be expressed. Electing a candidate to Parliament does NOT express it. All that an election does is to put a person into a House of Parliament whom the electors believe will faithfully carry-out the written WILL of the people as and when so expressed.
Over the years the party system has cleverly hidden the fact that the people have the legal freedom at all times to express their WILL direct to the Queen, no matter what politicians and others may try to claim.
The Queen is the permanent "government" with a perpetual "mandate" to govern according to the clearly expressed WILL of the people. It is obvious, then, that no political party can lawfully occupy the Constitutional seat reserved in perpetuity for the Monarchy, no matter what political scientists, text- book writers, academics, politicians, political parties and other theorists may claim.
This writer codified the powers of the Monarchy back in 1941 in the following sentence, and it still stands to be challenged before the High Court, if legal minds feel competent to do so:- "THE POWER, PEROGATIVES AND AUTHORITIES OF THE MONARCHY, THE GOVERNOR-GENERAL, AND STATE GOVERNORS, ARE THE BRAKES WHICH THE AUSTRALIAN PEOPLE CAN APPLY AT ANY HOUR (without having to wait for any general election) TO BRING MINISTERS AND POLITICIANS TO A COMPLETE AND SUDDEN STOP, SO AS TO RECEIVE FROM THEM, THE ELECTORS, EITHER FRESH INSTRUCTION, REPRIMAND, OR DISMISSAL FROM SERVICE. "
This Book is reprinted in memory of the author, Arthur A. Chresby in appreciation for his 53 years of research and study into constitutional law.
Due acknowledgement should be given when quoting from material on this Site