Tag: Parliamentary Supremacy

The Law of Nations

Emerich de Vattel; "The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns" is a legal treatise on international law published in 1758, and has been said to have … Continue reading The Law of Nations →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Kable v DPP (NSW) [1996] HCA 24

Kable v DPP (NSW) [1996] HCA 24 (Dawson J at 11-12): "But the important thing is that for present purposes the words "peace, welfare, and good government" are not words of limitation. As this Court observed in Union Steamship Co … Continue reading Kable v DPP (NSW) [1996] HCA 24 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Parliaments in a Federation are not Supreme

Wayne Glew claims that Parliaments are not supreme or sovereign, relying on cherry-picked passages in pages 676 and 791 of The Annotated constitution of the Australian Commonwealth by John Quick and Robert Garran, which he uses in response to the well established … Continue reading Parliaments in a Federation are not Supreme →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

The Laws of God are Superior

Some OPCA adherents believe that Biblical law holds a superior status over the secular laws of the State. Any such notions ended with the Glorious Revolution in 1688, when the principle of parliamentary supremacy was recognised.  BarrettLennard -v- Bembridge [2015] … Continue reading The Laws of God are Superior →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7

Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7: (at 30) "There is little point in searching for additional expositions of, or foundations for,  the principle that courts will presume that legislation does not overrule the … Continue reading Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

For peace, order and good government

The words “for peace, order and good government” appear in the Commonwealth and State Constitutions in relation to the legislative powers of the parliaments. For example, section 51 of the Commonwealth Constitution begins with the words: “The Parliament shall, subject … Continue reading For peace, order and good government →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Peter Gargan

Despite having been declared a vexatious litigant in 4 jurisdictions in Australia, Peter Alexander Gargan is still very active in the OPCA community, advising Rod Culleton in his matters before the courts, as well as recently travelling to the UK on … Continue reading Peter Gargan →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Essenberg v The Queen [2000] HCATrans 297

Essenberg v The Queen [2000] HCATrans 297: "McHUGH J: I understand that and persons who have not had full legal training often think of Magna Carta and the Bill of Rights as fundamental documents which control governments, but they do … Continue reading Essenberg v The Queen [2000] HCATrans 297 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Carnes v Essenberg [1999] QCA 339

Carnes v Essenberg [1999] QCA 339: "The supremacy of Parliament to make laws contrary to what had been the Common Law is expressly recognised by the Courts. It is enough to refer to the decision of the High Court in … Continue reading Carnes v Essenberg [1999] QCA 339 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Hubner v Erbacher [2004] QDC 345

In Hubner v Erbacher [2004] QDC 345 the appellant had homemade number plates attached to his vehicle as if it were a number plate issued pursuant to the regulation. He directed his arguments towards demonstrating that either the relevant regulation was … Continue reading Hubner v Erbacher [2004] QDC 345 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

The Supremacy of Parliament

"It behooves us to remember that men can never escape being governed. They either must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, … Continue reading The Supremacy of Parliament →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Everything is a contract

“If man were to live in a state of nature, unconnected with other individuals, there would be no occasion for any other laws, than the law of nature, and the law of God. Neither could any other law possibly exist: … Continue reading Everything is a contract →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Wayne Glew

Wayne Kenneth Glew has an extensive OPCA and constitutional litigation history.  In fact, the decisions made in Wayne's cases are relied upon, whenever similar contentions are brought before courts today, and in many cases they have become precedent in the particular … Continue reading Wayne Glew →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.