ISSUE: RETROSPECTIVE, etc & the constitution

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

Ok, I have no superannuation nor ever had any, and so any retrospective legislation to hit those
who did their best to make some nest egg for their retirement surely isnt going to harm me
personally. However, when I naturalized I accepted the Commonwealth of Australia
Constitution Act 1900 (UK) to be the governing legal principles and so all embedded legal
principles in it. And so:
Hansard 1-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?
Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
constituency behind the Federal Parliament will be a sentry.
END QUOTE
Hansard 19-4--1897 Constitution Convention Debates
QUOTE
Mr. BARTON: I will look into these matters. Notwithstanding the able draughtsmanship of the 1891 Bill,
there are several clauses not quite in their right place in it, and it would be well to alter their order. The
Drafting Committee will look into that matter, and at the end of the proceedings will ask hon. members to
give their attention to such alterations as they may suggest. It will be better to transpose some of the clauses.
With reference to Sir Edward Braddon's amendment, which is put in a better form than that suggested
by Mr. Symon, I do not think there is any actual necessity for it. I find in Maxwell on "Interpretation
of Statutes," 1st edition, page 192, this passage:
It is where the enactment would prejudicially affect vested rights, or the legal character of past Acts,
that the presumption against a retrospective operation is strongest. Every Statute which takes away or
impairs vested rights acquired under existing laws, or create a new obligation, or imposes a new duty,
or attaches a new disability in respect of transactions or considerations already past, must be
presumed, out of respect to the Legislature, to be intended not to have a retrospective operation. Thus
the provision of the Statute of Frauds, that no action should be brought to charge any person on any
agreement made in consideration of marriage, unless the agreement were in writing, was held not to
apply to an agreement which had been made before the Act was passed. The Mortmain Act, in the
same way, was held not to apply to a devise made before it was enacted. So it was held that the Act of 8
& 9 Vict., c. 106, which made all wagers void, and enacted that no action should be brought or
maintained for a wager, applied only to wagers made after the Act was passed.
Sir GEORGE TURNER: There is no doubt about those cases, I should say.
Mr. BARTON: In subsequent editions these examples are multiplied. The principle underlying the
matter is this: that a court in construing an Act assumes that Parliament never intended to do a thing
which is unjust. I am quite sure that Mr. Symon will agree that the provision is not necessary.
Mr. SYMON: Hear, hear.
END QUOTE

As such I view that only those who lack morals and a proper understanding of what is the true
meaning and application of the constitution and incompetent to be deemed a Minister of the
crown and a traitor to the constitution could possibly pursue retrospective legislation to rob a
person of existing rights retrospectively.
This correspondence is not intended and neither must be perceived to state all issues/details.

Awaiting your response,

G. H. Schorel-Hlavka O.W.B. (Gerrit)

MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

p1
15-5-2016
G. H. Schorel-Hlavka O.W.B.
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