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Judicature - Fact Series

Fact Series - Part 2

As we look further into the list of facts, we discover further into the facts we intend to present to all that we discover what lawyers think as we approach legal essays on law.

Austlii holds many legal journals and papers relative the history and application of law, but as you will see they seldom speak in relevance to fact and tend to lean towards the realm of fiction a little in their guesses of what things are.

Anne Winckel attempts to delve into the Contextual Role of the Preamble in Statutory Interpretation but therein states that the status of preambles prior to the 1980's has been the subject of dispute.

It is pretty clear that lawyers like to deny the facts, especially when it comes to the Commonwealth of Australia Constitution Act July 1900 UK/PGA. We can see however through Quick and Garrens work in the Annotated Constitution that they recorded into length the meaning of the Preamble to the Constitution Act.

Quick and Garren go into some depth covering over four pages of detailed description of the decisions and meaning behind the Preamble to the Constitution Act.

3. PREAMBLES
http://www5.austlii.edu.au/au/journals/MelbULawRw/1999/7.html

A preamble can play both constructive and contextual roles in statutory interpretation.
The status of preambles in statutory interpretation prior to the 1980s has been the subject of some dispute, and this debate may be clarified through further analysis of the past role of preambles.
It is a useful guide to the intention of the Parliament in that it may detail the mischief to which the Act is directed; explain the reason, purpose, object or scope of the Act; and detail facts or values which are relevant to the Act.
Preambles can be seen to have both a contextual and a constructive role in statutory interpretation.
The contextual role is where the preamble assists with confirming the ordinary meaning of the enactments, and assists with determining if there is any ambiguity in the Act.
The constructive role is where the preamble is effectual in clarifying or modifying the meaning of ambiguous enactments.


Quick and Garren Annotated Constitution

a) Australian People relied on the blessing of Almighty God.

b) The Constitution Act defines the purpose and character of the Constitution.

c) The Constitution Act defines the form and dependence of the Constitution.

d) A Preamble is used to clarify the meaning within an Act

e) A Preamble explains the reason, purpose, object or scope of the Act.

f) A Preamble details facts or values which are relevant to the Act

The work of Anne Winckel helps by demonstrating that Preambles are integral to defining the purpose, character, reason and object or scope of the Act to which they are prefixed. And Quick and Garren demonstrate this to be true over one hundred years ago.

The Preamble to the Constitution Act defines a line of authority through God, King and Country which is further confirmed by Quick and Garrens annotations during the forming of that Preamble.

What we learn here is that the Constitution Act and the Preamble go hand in hand, the Preamble defining the limitations of the Constitution found at Clause 9 of the Act. One cannot exist without the other and vice versa. With the Preamble defining the blessing of Almighty God we must take into consideration the Royal Law in the scriptures.

James 2:8-9 Authorized (King James) Version (AKJV)
If ye fulfil the royal law according to the scripture, Thou shalt love thy neighbour as thyself, ye do well: but if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.

Given that the Preamble defines God as initial Grantor of the Constitution and a lineage at which a United Kingdom of Great Britain and Ireland comes under that blessing we can see how Royal Law takes place as the Will to this blessing. It is to comprehend what the Scriptures lay out that define the Kingdom in play.

We are all aware of the Kings Domain in Melbourne, Victoria and how the Shrine of Remembrance features as the War Memorial of the Holy Spirit of the Anzac and we come to learn that God is the trinity of the father, son and holy spirit.

It is through our forefathers, especially through Henry Parkes who is considered to be the Father of Federation having first established the debates of federation relative to the Constitution and it being voted on by the people of Australia. With Father and Holy Spirit easily definable, it is the son that comes into being.

It is the beneficiaries, or subjects of the Crown Estate, that are the Sons. The Sons of the Commonwealth are all men and women that are formed in the image of God. It is the children that grow up in the image of their ancestors to define the lineage and inheritance of what was granted to them through Constitution.

Proverbs 13:22 Authorized (King James) Version (AKJV)
22 A good man leaveth an inheritance to his children’s children:
    and the wealth of the sinner is laid up for the just.

Exodus 15:17 Authorized (King James) Version (AKJV)
17 Thou shalt bring them in, and plant them in the mountain of thine inheritance,
in the place, O Lord, which thou hast made for thee to dwell in,
in the Sanctuary, O Lord, which thy hands have established.

Numbers 26:53 Authorized (King James) Version (AKJV)
53 Unto these the land shall be divided for an inheritance according to the number of names.

Through the Royal Law in the Scripture we can see that the forefathers setup a Constitution and Trust so that men and women could inherit the lands of their forefathers and hand it down to their children. This puts a light onto the meaning of under the Blessing of Almighty God.

Jeremiah 11:10 Authorized (King James) Version (AKJV)
10 They are turned back to the iniquities of their forefathers, which refused to hear my words; and they went after other gods to serve them: the house of Israel and the house of Judah have broken my covenant which I made with their fathers.

We can also see that the Royal Law in the Scripture warns us about the failures that can happen should the people fall from Grace. We also have to take into full consideration here that Israel the Nation State has nothing to do with the Biblical Text only being formed in 1948 and self determining in the six day war of 1967. The text is much older than the Nation State of Israel, and has been used to found other countries such as the United Kingdom, the United States of America, the Dominion of Canada, the Dominion of New Zealand and the Commonwealth of Australia.

Is-Ra-El of the Biblical Text follows in the titles of Isis and Ra of the Egyptian Mythology and is carried on through Masonic Beliefs as well. There is very good reason for all of this that isnt in the mind space of the general population giving reason to the fall from Grace in the first place.

We will venture through this as we discover facts and build up a knowledge base at which we can base our findings. It is only through this scientific process of analysis and hypotheses that we can define the facts we build up.

As always, this needs to be a team effort. If you wish to provide your two cents by all means comment with each other below and build up your own knowledge base. If you have anything to contribute make comment without fear or favour and help everyone to understand what is what.

We will continue to define facts as we step through these posts. And concentrate on demonstrating case law to be false with judicial papers making mistakes or purposefully side stepping the truth.


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