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	<title>Comments on: Voting.</title>
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	<description>Australian Libertarian Society Blog</description>
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		<title>By: G. H. Schorel-Hlavka</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-74633</link>
		<dc:creator><![CDATA[G. H. Schorel-Hlavka]]></dc:creator>
		<pubDate>Sun, 20 Sep 2009 16:18:53 +0000</pubDate>
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		<description><![CDATA[UPDATE:
Since the trial judge on 19 July 2006 upheld my appeals I have not voted in council, State and Federal elections and while I get fined and letters of demand, I make clear they are bound by the 19 July 2006 ruling and cannot circumvent this. In the end they do not proceed against me because I make clear unless they can overcome the 19 July 2006 ruling they have no hope in the world to compel me to vote.
.
The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 
QUOTE Mr. CLARK.-
for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him.
END QUOTE
.
HANSARD 18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention)
QUOTE    Mr. ISAACS.-
The right of a citizen of this great country, protected by the implied guarantees of its Constitution,
END QUOTE
.
The only reason governments can act like tugs, terrorist, dictators, etc, is because We, the People, allow them to do so. Only when we stand up for our rights, as I did, can we stop this rot.
.
Each time you hold it isn’t worth to fight you forget that you have conceded defeat and slowly the government will build on this and in the end you will regret not having stood up for your rights in the first place.
.
In a case where a man was facing his 6th CONTEMPT hearing, with up to 20 lawyers so far involved, I was called in (as a CONSTITUTIONALIST) and explained to the trial judge that she had no jurisdiction, etc. At the end of the day she ordered a permanent stay of proceedings. She also ordered that I be provided with the transcripts of the 6 hearings. After receiving this I discovered she never even had bothered to formally charge the man! 
What I demonstrated is that if you stand up for the rights of yourself or your fellow man then you can achieve JUSTICE, well, most of the time.
.
You obviously will have always people who will argue I had a lucky draw with a judge but reality is that unlike many before me who lost their cases I had so to say done my homework as to what is constitutionally permissible and what is not. 
And, if more people did so then they too might find that they can succeed in their cases.
As my various books published in the INSPECTOR-RIKATI® series on certain constitutional and other legal issues makes clear if you do the research you can perform better in court then opponent highly paid barristers but the issue is to make sure you have a so to say water tight case and… you make sure also to use the ADDRESS TO THE COURT as to place it all before the Court in writing so that the trial judge cannot prevent you from placing your case before the Court.
.
I am not against “voting” but I am against COMPULSORY voting!]]></description>
		<content:encoded><![CDATA[<p>UPDATE:<br />
Since the trial judge on 19 July 2006 upheld my appeals I have not voted in council, State and Federal elections and while I get fined and letters of demand, I make clear they are bound by the 19 July 2006 ruling and cannot circumvent this. In the end they do not proceed against me because I make clear unless they can overcome the 19 July 2006 ruling they have no hope in the world to compel me to vote.<br />
.<br />
The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;<br />
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention)<br />
QUOTE Mr. CLARK.-<br />
for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him.<br />
END QUOTE<br />
.<br />
HANSARD 18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention)<br />
QUOTE    Mr. ISAACS.-<br />
The right of a citizen of this great country, protected by the implied guarantees of its Constitution,<br />
END QUOTE<br />
.<br />
The only reason governments can act like tugs, terrorist, dictators, etc, is because We, the People, allow them to do so. Only when we stand up for our rights, as I did, can we stop this rot.<br />
.<br />
Each time you hold it isn’t worth to fight you forget that you have conceded defeat and slowly the government will build on this and in the end you will regret not having stood up for your rights in the first place.<br />
.<br />
In a case where a man was facing his 6th CONTEMPT hearing, with up to 20 lawyers so far involved, I was called in (as a CONSTITUTIONALIST) and explained to the trial judge that she had no jurisdiction, etc. At the end of the day she ordered a permanent stay of proceedings. She also ordered that I be provided with the transcripts of the 6 hearings. After receiving this I discovered she never even had bothered to formally charge the man!<br />
What I demonstrated is that if you stand up for the rights of yourself or your fellow man then you can achieve JUSTICE, well, most of the time.<br />
.<br />
You obviously will have always people who will argue I had a lucky draw with a judge but reality is that unlike many before me who lost their cases I had so to say done my homework as to what is constitutionally permissible and what is not.<br />
And, if more people did so then they too might find that they can succeed in their cases.<br />
As my various books published in the INSPECTOR-RIKATI® series on certain constitutional and other legal issues makes clear if you do the research you can perform better in court then opponent highly paid barristers but the issue is to make sure you have a so to say water tight case and… you make sure also to use the ADDRESS TO THE COURT as to place it all before the Court in writing so that the trial judge cannot prevent you from placing your case before the Court.<br />
.<br />
I am not against “voting” but I am against COMPULSORY voting!</p>
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		<title>By: Club Troppo &#187; Libertarian Distractions revisited.</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-23806</link>
		<dc:creator><![CDATA[Club Troppo &#187; Libertarian Distractions revisited.]]></dc:creator>
		<pubDate>Tue, 07 Aug 2007 17:43:15 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-23806</guid>
		<description><![CDATA[[...] themes of my previous entry: the ease with which ideology can derail practical outsomes. The LDP is looking at voting policy. Unlike debates about gun laws, this one hasn&#8217;t descended into name-calling, but it does [...]]]></description>
		<content:encoded><![CDATA[<p>[...] themes of my previous entry: the ease with which ideology can derail practical outsomes. The LDP is looking at voting policy. Unlike debates about gun laws, this one hasn&#8217;t descended into name-calling, but it does [...]</p>
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		<title>By: Jim Fryar</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-22178</link>
		<dc:creator><![CDATA[Jim Fryar]]></dc:creator>
		<pubDate>Thu, 19 Jul 2007 12:41:01 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-22178</guid>
		<description><![CDATA[I found a good definition/quote: -

 A Libertarian is an Anarchist who votes” –Augustus Esterhazy ..]]></description>
		<content:encoded><![CDATA[<p>I found a good definition/quote: -</p>
<p> A Libertarian is an Anarchist who votes” –Augustus Esterhazy ..</p>
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		<title>By: G. H. Schorel-Hlavka</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-21166</link>
		<dc:creator><![CDATA[G. H. Schorel-Hlavka]]></dc:creator>
		<pubDate>Thu, 12 Jul 2007 16:48:22 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-21166</guid>
		<description><![CDATA[Nicholas Gray is correct in that we have a Bill of Rights. the fact that the Courts may ignore it does not make their conduct legal.
Also, I was (twice) convicted by a magistrate, refusing to give a reason of judgment, but on Appeals to the County Court of Victoria before a judge succeeded on all constitutional grounds UNCHALLENGED and the convictions were set aside. The cases lasted 5-years!


AS SECTION 245 OF THE COMMONWEALTH ELECTORAL ACT 1918 IS UNCONSTITUTIONAL AS TO COMPEL A PERSON TO VOTE, I FOR THIS SPECIFICALLY REFUSE TO VOTE.  
An unconstitutional law is no law at all!

Politicians bully people into voting and I took a stand against that and refused to vote while being a candidate in each election. In the coming election I will again refuse to vote! 

Anyone who think that the judge was a push over ignored the thousands upon thousands of pages of material I relied upon, including a book on CD I had published! 

Despite that the High Court in previous cases had ruled that voting is compulsory I prove the High Court to be wrong and the lawyers were certainly not going to try me further where I had overwhelmingly evidence to prove my case. 
Lawyers learn how to manipulate legislation in favour of their clients but I, as a &quot;CONSTITUTIONALIST&quot; was the master on constitutional issues and they could not defeat me.
The cases are to complicated to set out in a post, hence my books reveal it all.
See also my website http://www.schorel-hlavka.com and my blog http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH]]></description>
		<content:encoded><![CDATA[<p>Nicholas Gray is correct in that we have a Bill of Rights. the fact that the Courts may ignore it does not make their conduct legal.<br />
Also, I was (twice) convicted by a magistrate, refusing to give a reason of judgment, but on Appeals to the County Court of Victoria before a judge succeeded on all constitutional grounds UNCHALLENGED and the convictions were set aside. The cases lasted 5-years!</p>
<p>AS SECTION 245 OF THE COMMONWEALTH ELECTORAL ACT 1918 IS UNCONSTITUTIONAL AS TO COMPEL A PERSON TO VOTE, I FOR THIS SPECIFICALLY REFUSE TO VOTE.<br />
An unconstitutional law is no law at all!</p>
<p>Politicians bully people into voting and I took a stand against that and refused to vote while being a candidate in each election. In the coming election I will again refuse to vote! </p>
<p>Anyone who think that the judge was a push over ignored the thousands upon thousands of pages of material I relied upon, including a book on CD I had published! </p>
<p>Despite that the High Court in previous cases had ruled that voting is compulsory I prove the High Court to be wrong and the lawyers were certainly not going to try me further where I had overwhelmingly evidence to prove my case.<br />
Lawyers learn how to manipulate legislation in favour of their clients but I, as a &#8220;CONSTITUTIONALIST&#8221; was the master on constitutional issues and they could not defeat me.<br />
The cases are to complicated to set out in a post, hence my books reveal it all.<br />
See also my website <a href="http://www.schorel-hlavka.com" rel="nofollow">http://www.schorel-hlavka.com</a> and my blog <a href="http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH" rel="nofollow">http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH</a></p>
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		<title>By: DavidLeyonhjelm</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20762</link>
		<dc:creator><![CDATA[DavidLeyonhjelm]]></dc:creator>
		<pubDate>Tue, 10 Jul 2007 07:35:03 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20762</guid>
		<description><![CDATA[Nicholas, the English Bill of Rights theoretically still operates in Australia as part of the Common Law. However, Common Law applies only to the extent that neither subsequent judgements nor legislation contradict it. Obviously during the course of 318 years there have been a vast number of court decisions and legislation, so it is now irrelevant. It also has nothing to do with the Australian constitution. 

&lt;i&gt;GHSH is lucky in his choice of magistrate; if more people tried it, they would close the loophole, and make it mandatory&lt;/i&gt;

There is no loophole. Magistrates throw out cases on a whim quite regularly. Voting is still mandatory - trust me.]]></description>
		<content:encoded><![CDATA[<p>Nicholas, the English Bill of Rights theoretically still operates in Australia as part of the Common Law. However, Common Law applies only to the extent that neither subsequent judgements nor legislation contradict it. Obviously during the course of 318 years there have been a vast number of court decisions and legislation, so it is now irrelevant. It also has nothing to do with the Australian constitution. </p>
<p><i>GHSH is lucky in his choice of magistrate; if more people tried it, they would close the loophole, and make it mandatory</i></p>
<p>There is no loophole. Magistrates throw out cases on a whim quite regularly. Voting is still mandatory &#8211; trust me.</p>
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		<title>By: Michael Sutcliffe</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20728</link>
		<dc:creator><![CDATA[Michael Sutcliffe]]></dc:creator>
		<pubDate>Tue, 10 Jul 2007 02:42:28 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20728</guid>
		<description><![CDATA[The right to bear arms in that context simply meant that the government could not afford high level rights to one group (Catholics) without giving them to others. It was a really bad way of trying to enshrine equality under law.

In my personal opinion the English Bill of Rights is badly written, full of gaping holes and generally pathetic in a modern sense. The closest we&#039;ve ever come to getting it right is the US Bill of Rights which in my opinion is 90% of the way there (probably need some protection for free trade and limitations on the federal government, plus some other smaller stuff and rewordings).]]></description>
		<content:encoded><![CDATA[<p>The right to bear arms in that context simply meant that the government could not afford high level rights to one group (Catholics) without giving them to others. It was a really bad way of trying to enshrine equality under law.</p>
<p>In my personal opinion the English Bill of Rights is badly written, full of gaping holes and generally pathetic in a modern sense. The closest we&#8217;ve ever come to getting it right is the US Bill of Rights which in my opinion is 90% of the way there (probably need some protection for free trade and limitations on the federal government, plus some other smaller stuff and rewordings).</p>
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		<title>By: nicholas gray</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20715</link>
		<dc:creator><![CDATA[nicholas gray]]></dc:creator>
		<pubDate>Tue, 10 Jul 2007 00:43:45 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20715</guid>
		<description><![CDATA[David,
We inherited the tradition of the English Bill of Rights, along with all our laws, as part of our legacy at Federation, but this is almost completely worthless, because Judges routinely decide that Parliament can make laws that infringe on the Bill as Parliament sees fit. The Bill of Rights is simply a wish-list of rights- which has one good side-effect. The Bill originally only gave Protestants the right to bear arms. That has since been modified, and the government is now trying to disarm everyone equally.
I think, though, that you are right that GHSH is lucky in his choice of magistrate; if more people tried it, they would close the loophole, and make it mandatory.]]></description>
		<content:encoded><![CDATA[<p>David,<br />
We inherited the tradition of the English Bill of Rights, along with all our laws, as part of our legacy at Federation, but this is almost completely worthless, because Judges routinely decide that Parliament can make laws that infringe on the Bill as Parliament sees fit. The Bill of Rights is simply a wish-list of rights- which has one good side-effect. The Bill originally only gave Protestants the right to bear arms. That has since been modified, and the government is now trying to disarm everyone equally.<br />
I think, though, that you are right that GHSH is lucky in his choice of magistrate; if more people tried it, they would close the loophole, and make it mandatory.</p>
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		<title>By: DavidLeyonhjelm</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20709</link>
		<dc:creator><![CDATA[DavidLeyonhjelm]]></dc:creator>
		<pubDate>Mon, 09 Jul 2007 23:47:00 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20709</guid>
		<description><![CDATA[&lt;i&gt;I proved on constitutional grounds that there was no constitutional powers to compel anyone to vote! No change of law was required as the legislation purporting it to be compulsotry is ULTRA VIRES (WITHOUT LEGAL FORCE)&lt;/i&gt;

You proved no such thing. A single magistrate merely decided not to convict you. 

If you had &quot;proved&quot; that compulsory voting was ultra vires the constitution, nobody would now be required to vote. That&#039;s obviously not the case - try it again and see what happens. Encourage others not to vote and see what happens. Big Brother will come after you and the constitution won&#039;t save you. 

&lt;i&gt;the bill of rights is as much part of the Australian constitution as it is in the US Constitution!&lt;/i&gt;

Complete and utter garbage. The US Bill of Rights applies to the US, not Australia. We have no Bill of Rights. We also have almost no rights embedded in our constitution.]]></description>
		<content:encoded><![CDATA[<p><i>I proved on constitutional grounds that there was no constitutional powers to compel anyone to vote! No change of law was required as the legislation purporting it to be compulsotry is ULTRA VIRES (WITHOUT LEGAL FORCE)</i></p>
<p>You proved no such thing. A single magistrate merely decided not to convict you. </p>
<p>If you had &#8220;proved&#8221; that compulsory voting was ultra vires the constitution, nobody would now be required to vote. That&#8217;s obviously not the case &#8211; try it again and see what happens. Encourage others not to vote and see what happens. Big Brother will come after you and the constitution won&#8217;t save you. </p>
<p><i>the bill of rights is as much part of the Australian constitution as it is in the US Constitution!</i></p>
<p>Complete and utter garbage. The US Bill of Rights applies to the US, not Australia. We have no Bill of Rights. We also have almost no rights embedded in our constitution.</p>
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		<title>By: G. H. Schorel-Hlavka</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20677</link>
		<dc:creator><![CDATA[G. H. Schorel-Hlavka]]></dc:creator>
		<pubDate>Mon, 09 Jul 2007 16:43:14 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20677</guid>
		<description><![CDATA[changing what law?

I proved on constitutional grounds that there was no constitutional powers to compel anyone to vote! No change of law was required as the legislation purporting it to be compulsotry is ULTRA VIRES (WITHOUT LEGAL FORCE)

Consider the following;
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: 
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. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. 
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. . . 
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. 
No one is bound to obey an unconstitutional law and no courts are bound to enforce it. 
Sixteenth American Jurisprudence
Second Edition, 1998 version, Section 203 (formerly Section 256)

As for no rights inb the Constitution, they are EMBEDDED in it, just that it is not particularly known to people as they are , so to say, brainwashed by whatever political party is in power. the bill of rights is as much part of the Australian constitution as it is in the US Constitution!]]></description>
		<content:encoded><![CDATA[<p>changing what law?</p>
<p>I proved on constitutional grounds that there was no constitutional powers to compel anyone to vote! No change of law was required as the legislation purporting it to be compulsotry is ULTRA VIRES (WITHOUT LEGAL FORCE)</p>
<p>Consider the following;<br />
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:<br />
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. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.<br />
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. . .<br />
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.<br />
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.<br />
Sixteenth American Jurisprudence<br />
Second Edition, 1998 version, Section 203 (formerly Section 256)</p>
<p>As for no rights inb the Constitution, they are EMBEDDED in it, just that it is not particularly known to people as they are , so to say, brainwashed by whatever political party is in power. the bill of rights is as much part of the Australian constitution as it is in the US Constitution!</p>
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		<title>By: terje (say tay-a)</title>
		<link>http://blog.libertarian.org.au/2007/06/27/357/#comment-20598</link>
		<dc:creator><![CDATA[terje (say tay-a)]]></dc:creator>
		<pubDate>Sun, 08 Jul 2007 23:56:55 +0000</pubDate>
		<guid isPermaLink="false">http://alsblog.wordpress.com/2007/06/27/357/#comment-20598</guid>
		<description><![CDATA[I&#039;d resist compulsory voting except that I&#039;m also interested in asserting my right to vote.]]></description>
		<content:encoded><![CDATA[<p>I&#8217;d resist compulsory voting except that I&#8217;m also interested in asserting my right to vote.</p>
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