Gabriël A. Moens AM is Emeritus Professor of Constitutional Law at the University of Queensland. He is a leading constitutional law academic and the author of ‘The Constitution of the Commonwealth of Australia Annotated’ (LexisNexis, 9th ed.).
The Hon Robert French, a former Australian Chief Justice, regards Professor Moens’ book as ‘a very useful reference text for students and practitioners at all levels in the field of constitutional law’.
As he was confined to his home office, due to unlawful lockdown measures, Professor Moens found time to look at his previous works which go back about four decades.
Based on the above calculation there were about 12,000 people protesting at the Freedom Rally on Saturday in Perth. The AUSTRALIANS UNITE AGAINST TYRANNY RALLY was organised by the West Australian Peacemakers.
This is the final session at the Symposium on October 9th 2021: COVID Vaccines and Law. Q&A with Prof. Augusto Zimmermann and Andrea Tokaji supported by Prof. John G Hartnett, Prof. Phil Burcham and Gil Deane
An underlying theme in constitutional theory is the notion that the ‘rule of law’ provides at least part of the solution to the problem of political arbitrariness. Australian governments should act within, and in conformity with our tradition of the ‘rule of law’ and constitutionalism. In this context, as John Locke famously stated: “The end of law is not to abolish or restrain, but to preserve and enlarge freedom”. On this view, the rule of law operates as an umbrella concept for legal-institutional mechanisms that protect us against the arbitrary power of the State. Accordingly, this presentation will discuss whether Australians might have a lawful right to resist governmental measures that unquestionably violate their fundamental legal rights, including lockdowns and vaccine mandates.
here is one ambition at least which I ever will acknowledge, which I will not renounce but with my life – it is the ambition of delivering to my posterity those rights of freedom which I have received from my ancestors. I am not pleading the cause of an individual, but of every freeholder in England… Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my Lords, that where the law ends, there tyranny begins.
— William Pitt addressing the House of Lords, January 9, 1770 
Since March 2020 Australia’s governments have been using their powers to excessively coerce, obstruct or otherwise unreasonably interfere with the life, liberty and property of the citizen. These governments are exercising emergency powers to impose measures that profoundly undermine basic principles of the rule of law, including equality before the law and the right of citizens to be protected from unpredictable and arbitrary interference with their vital interests. On the pretence of fighting a virus, draconian measures have been adopted that profoundly violate the Australian Constitution and the inalienable rights of the individual.
Lecture presented by professor Augusto Zimmermann, WALTA President and renowned expert in Australian Constitutional Law. Prof. Zimmermann outlines the truth found in the Australian Constitution for us as citizens to resist the unlawful imposition of any vaccine mandate. This lecture was given at All Nations Presbyterian Church, Beaufort Street, Perth on August 14th 2021. Convenor: Dr John G Hartnett