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4
HAS THE AUSTRALIAN PARLIAMENT THE LEGAL AUTHORITY
TO CHANGE THE TITLE OF THE QUEEN UNDER THE
CONSTITUTION?
The answer is: a most definite NO!
The only Queen, with the authority under the Constitution of the Commonwealth of
Australia, is clearly defined under Section 2 of the Covering Clauses as the Queen in
Council and the Queen in Parliament at Westminster. The Queen, who carries the Style and
Title given to Her by the Parliament of the United Kingdom.
“2. The provisions of this Act referring to the Queen shall extend to Her Majesty’s
heirs and successors in the sovereignty of the United Kingdom.
”
Covering Clause 2, the Commonwealth of Australia Constitution Act, 1900 .
The Covering Clauses, 1 - 8, which precede Clause 9, which is “the Constitution”, cannot
be altered, repealed or revoked by the Parliament of the Commonwealth of Australia, and
no authority exists to do so. Only Clauses within the Constitution can be changed by virtue
of Section 128, a referendum of the Australian people.
The Style and Title of the Queen, in relation to the Queen under the Constitution, can not
be changed by the Federal Parliament. Firstly, because that Parliament has no legal
authority to do so, and secondly it would violate the Treason Acts, 1351, 1795 and 1817,
which states as follows:
“…when a man doth compass or imagine the death of our lord the King … or if
any
man levy war against our lord the King, or be adherent to the king’s enemies …...
giving them aid and comfort … that ought to be judged treason…”
The Treason Act, 1351
this statute ( the Treason Act, 1351) (to clear any doubt) extends to all persons,
as
well ecclesiastical as temporal (including Ministers of State and
Justices) and so has it ever been put into execution…If any levy war… against any
statute … without warrant: this is levying war against the king: because they
take
upon them royal authority, which is against the king… …if they had risen of
purpose
to alter religion established within the realm, or laws…this is a levying of war…
because the pretence is public and general, and not private in particular.”
Lord Chief Justice Sir Edward Coke, ‘The Institutes of the Laws of England
Third Part, pages 4 and 9.
“1. If any person or persons whatsoever … shall, within the realm or without,
compass, imagine, invent, devise, or intend death or destruction, or any bodily
harmtending to death or destruction, maim or wounding, the king, heirs and successors,
or
to deprive or depose him or them from the style, honour, or kingly name of the
imperial crown of this realm, or of any other of his majesty’s dominions or
countries; or to levy war against his majesty, his heirs and successors, within this
realm, in order, by force or constraint, to compel him or them to change his or their
measures or counsels, or in order to put any force or constraint upon, or to intimidate
or overawe both houses, or either house of parliament; or to move or stir any
foreigner
or stranger with force to invade this realm, or any other his majesty’s dominions or
countries, under the obeisance, of his majesty, his heirs and successors; and such
compassings, imaginations, inventions, devices or intentions, or any of them, shall
express, utter, or declare, by publishing any printing or writing, or by any overt act
or
deed … shall be deemed, declared, and adjudged to be a traitor … and shall suffer
pains
of death …”PART 5
