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 doctrine of Parliamentary Sovereignty. “The Parliament is not supreme, and the very essence of the … Continue reading Parliaments in a Federation are not Supreme

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] WASC 353: "These grounds of appeal were developed in the appellant's written submissions of 16 … Continue reading The Laws of God are Superior

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 common law in the absence of clear and express terms, given that it is so … Continue reading Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7

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 to this Constitution, have power to make laws for the peace, order, and good government … Continue reading For peace, order and good government

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 his behalf attempting to bring a case before the Privy Council. Peter Gargan's litigation history … Continue reading Peter Gargan