Categories
COVID law pandemic vaccines

Australia’s Constitution Clashes With Vaccine Mandates

Reposted from an article published September 9, 2021 in the Epoch Times

by Augusto Zimmermann and Gabriël Moens

Although it is not feasible to predict what the High Court of Australia—the nation’s apex legal body—would do if it were called upon to consider the constitutionality of vaccine mandates and emergency declaration orders, it is still possible to argue what it should do.

A general view of the High Court of Australia in Canberra, Australia, on Nov. 5, 2020. (AAP Image/Lukas Coch)

The Australian Constitution must be interpreted in a manner that promotes its purposes, values, and principles, while advancing the “rule of law” and the fundamental rights of the citizen.

The idea of mandatory vaccination—which is now steadily underway in Australia to combat the spread of COVID-19—sits uncomfortably with this jurisprudence.

The Constitution expressly limits the exercise of government power to protect the rule of law. This limitation reduces the incidence of unrestrained power, which is closely connected to achieving human freedom and happiness.

Accordingly, the Constitution allocates legislative power over certain health services to the federal government (or Commonwealth), with these powers being exclusive or concurrent to those wielded by the Australian states.

However, Section 51 (xxiiiA) of the Australian Constitution, which was added following a referendum in 1946, provides that the Commonwealth Parliament can make laws with respect to: “The provision of … pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances.”

Categories
COVID law New World Order pandemic Politics

Prof. Augusto Zimmermann: “Fundamental Rights in the Age of Covid-19” Available Now!

This is a bit different to what I normally write about and promote. It is appropriate because of the COVID-19 plandemic and resulting tyranny imposed on us in these times. The following book was edited by my good friend Augusto Zimmermann as well he has an important chapter on the virus of governmental oppression. Based on his strong faith in the Lord Jesus Christ I believe that this book is an essential read for those wishing to understand the affects on our culture and the resulting tyranny stemming from the COVID governmental overreach. Sourced from here.

Special Issue of
The Western Australian Jurist, Volume 11
Available here
Categories
COVID pandemic Politics Science worldview

Constitutionally Inoculated to Resist Coercion

Published in the Quadrant 24th July 2021 by Augusto Zimmermann

One of the most remarkable characteristics of the Australian Constitution is its express limitation on governmental powers. In drafting the Constitution, the framers sought to design an instrument of government intended to distribute and limit the powers of the State. This distribution and limitation upon governmental powers was deliberately chosen because of the proper understanding that unrestrained power is always inimical to the achievement of human freedom and happiness. As such, the Constitution allocates the areas of legislative power to the Commonwealth primarily in sections 51 and 52, with these powers being variously exclusive or concurrent with the Australian States.

The Constitution was slightly amended in 1946 by a referendum in order to include section 51 (xxiiiA). This provision determines that the Parliament, inter alia, can make laws with respect to:

The provision of … pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription) benefits to students and family allowances…