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originally posted by: pheonix358
a reply to: daaskapital
It was a long time ago. At the time I studied the laws that allowed succession. As I recall it, there was a great deal more involved than that. What you are reading here is presumably the Hutt River Province view, or their current legal view, minus the arguments they do not want to just give to the Government short of a court challenge.
You are also getting straight Government denials saying that the Province has no standing. Obviously these denials are just silly. The Provence does exist and local Authorities do respect it. So I put them into the category of MORE GOVERNMENT LIES.
There were some court cases I believe or they were getting ready for them. Either way, there is more to it than first appears. A lot more. If the Government had a leg to stand on, they would have acted. This is an International embarrassment to them.
They have not acted because they can't.
P
originally posted by: Thurisaz
a reply to: daaskapital
the judiciary is subordinate to the executive in theory, however:
www.austlii.edu.au...
The separation of powers doctrine established that the three tiers would remain separated. Thank God for AV Dicey. If the executive enacted legislation (and remember that the executive was formerly attached to the Crown - the Crown post 1986 no longer has any powers over Australia & also consider that we vote in those that become the executive!) that went against the Common Law... then the Common Law -> Judiciary gazumps it.
The Australian government doesn't recognise the Principality of Hutt River as a sovereign entity, therefore it is not one.
....just the fact that the tax office has no power there is interesting in itself
the question must be asked if sovereignty and independence came with the establishment of a self-preservation Government.
originally posted by: Thurisaz
a reply to: daaskapital
the Crown post 1986 no longer has any powers over Australia
However, there are some powers which the Governor-General may, in certain circumstances, exercise without – or contrary to – ministerial advice. These are known as the reserve powers. While the reserve powers are not codified as such, they are generally agreed to at least include: The power to appoint a Prime Minister if an election has resulted in a ‘hung parliament’; The power to dismiss a Prime Minister where he or she has lost the confidence of the Parliament; The power to dismiss a Prime Minister or Minister when he or she is acting unlawfully; and The power to refuse to dissolve the House of Representatives despite a request from the Prime Minister.
originally posted by: pikestaff
That was a really interesting read, 'you can't fight city hall' seems to be not applicable in that case, good luck to them, I hope that principality goes from strength to strength. (its bigger than Monaco, right?).