Spot on, Laurie.
William Blackstone wrote his Commentaries on the English Constitution in the
time of Captain Cook. His view that the law of nations (international law,
treaty law) automatically becomes part of the law of the land when the
treaties are ratified is not accepted now by the Courts in Australia for
reasons related to separation and division of powers -- even when they are
unanimously ratified by both Houses of HM's parliament (Like the Genocide
Convention in 1949 and the Race Discrimination Convention in 1975).. In the
USA constitution, when the Pesident signs a treaty, it is automatically
incorporated into domestic law.
Here is what Blackstone said (1809 edition):
[Blackstone was actually stating a warning. Discard this basic principle
only at your peril] :
". . . the law of nations . . . is here adopted in its full extent by the
common law, and is held to be part of the law of the land. And acts of
parliament . . . made to enforce this universal law . . . are merely
declaratory of the old fundamental constitutions of the kingdom : WITHOUT
WHICH IT MUST CEASE TO BE PART OF THE CIVILISED WORLD. [emphasis added]"
Terra nullius? You are standing in it.
----- Original Message -----
From: Laurie Forde <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, September 05, 2000 8:46 PM
Subject: Re: [recoznet2] Re: The Canberra Times: Row over protocol on
torture victims
> Very true, Sandy.
>
> Problems seem to arise when we are unprepared to recognise or unable to
> understand that others also have the same rights.
>
> Hence the necessity to not only have a Bill of Rights but also be
answerable
> for our actions as a nation to a U.N. type body which, through the input
of
> multiple and disparate participants is able to provide a broader view of
> human and societal needs than may be available to the inhabitants of a
> single country at any given point in time.
>
> For example, in Australia, many of our views are formed through
information
> received through the media outlets of multi-millionaires who , it cannot
be
> denied , have their own barrows to push.
>
> We need to heed bodies such as the UN. which are not dependent on such
> people as Packer and Murdoch for their survival, as are the political
> parties in Australia.
>
> With the growth of the multi-nationals all these arguments become a bit
> iffy, but so far, although there have been innumerable national despots,
at
> this stage, the UN has been spared Lex Luthor.
>
> Laurie
>
> Laurie and Desley Forde
> Email. [EMAIL PROTECTED]
>
> Without a treaty, which spells out the obligations and rights of both
> parties, there can be no Reconciliation in Australia----Geoff Clark.
>
>
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