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A Letters Patent =
a Royal Command or Appointment, such as the appointment of Governors, Governor General, or a Royal Commissions require a Letters Patent. It shows the Queen's signature and Great Seal and the Royal Sign Manual to identify that it is by command of the Queen.
The British Commonwealth of Nations =
a voluntary association of nations and British Dominions working together towards common principles, each nation or Dominion has created its own title for use in relation to the Head of the Commonwealth. Whilst the titles are different, it was agreed to keep a common element in each title: "Her other Realms and Territories, Head of the Commonwealth."
The Head of the Commonwealth =
is at all times the King or Queen of the United Kingdom, and in Parliament at Westminster. It is only a symbolic title, which hold not power anywhere in the Commonwealth. The Head of the Commonwealth is also a separate legal entity to the Queen of the United Kingdom and Northern Ireland, who holds authority under our Constitution (see section 2).
The Queen of Australia=
the title the Federal Parliament created for the Head of the British Commonwealth of Nations, a titular title only without any power under the Constitution.
The Queen of the United Kingdom and Northern Ireland=
the only Queen (of Australia), who holds all executive powers and prerogatives under s61 of the Constitution.
The framers =
or makers, were those who actually were involved in the writing and construction of the Constitution.
The Constitution =
Section 9 only of 'an Act to Constitute the Commonwealth of Australia' which is and remains an Act of British Parliament.
The Australian Constitution Act =
the short title, we are allowed to use, for ‘an Act to Constitute the Commonwealth of Australia, 1900 UK’ (full title) including the Preamble and s1 -s8 incl.
Full Sovereignty=
Also called ‘True’ sovereignty is ultimate and total legal power. This type of sovereignty cannot be challenged from either within or without. The United Kingdom enjoys Full sovereignty. Delegated Sovereignty=is the type of sovereignty enjoyed in Australia where the rights to self govern are expressed within an act of the United Kingdom. Our Constitution implies that sovereignty is vested in the Queen in the sovereignty of the United Kingdom, meaning Queen, House of Lords and Commons.
'ultra vires' =
means in excess of power. A law passed by a Government which violates an existing law (which is beyond its power) is deemed to be ultra vires and null and void ab initio (from the beginning).
Statute of Westminster, 1931 =
the Act that formally constituted the British Commonwealth of Nations, which had the Union of South Africa, Canada, New Foundland and the Irish Free State as its foundation members. Australia only joined when it adopted the Statute in 1942.
A Dominion =
a British possession which has both a central and local government, with predominant white population, or where whites were ‘in control’. Canada, New Zealand, Australia and South Africa were classed as 'Dominions'.
Hansard =
the official journal of the Parliament, which records all debate
Sovereignty =
ultimate legal authority, true sovereignty cannot be challenged from either within or without. Australia enjoys what is known as delegated sovereignty or ‘quasi’ sovereignty.
Independence=
a self-governing colony enjoys ‘independence to a degree limited by the law (constitution) of the host nation. A City Council may enjoy ‘independence’ within guidelines set by Parliament. Australia today enjoys a greater degree of autonomy then say maybe in 1900, but remains a British possession.
An Australian citizen=
a British subject, who resides in Australia a self-governing ‘Dominion’ or colony under the Crown of the United Kingdom.
A British subject=
any person born on British territory, who is under allegiance to the Queen of the United Kingdom and is under the protection of the Queen of the United Kingdom see s117