ISSUE Senate elections & the constitution -etc

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

constitution and not major political partys goals.
The constitution was created to ensure that there were separate Houses of Parliament, one being
the House of Representatives to represent all electors through the Commonwealth of Australia
and the other being the Senate, where Senators in equal numbers represent their respective states.
Section 9 (quoted below) while providing for the Parliament of the Commonwealth to be able
to make laws regarding Senators elections, and State having abolished their respective laws have
allowed the Parliament to do so, however it is in my view permissible for any or all States to reenact Senators election legislation and the Commonwealth would be bound by this.
Hansard 15-4-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention) Mr. SYMON QUOTE Therefore, if there were to be an alteration in the way of introducing proportional
representation, that power would remain with the States and be exercised by them. END QUOTE Commonwealth of
Australia Constitution Act 1900 (UK) QUOTE 9 Method of election of senators [see Note 6] The Parliament of the
Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the
States. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for
that State. The Parliament of a State may make laws for determining the times and places of elections of senators for the State.
END QUOTE QUOTE Section 9The following State Acts have been passed in pursuance of the powers conferred by s. 9: State Number
Short title How affected New South Wales No. 73, 1900 Federal Elections Act 1900 Ss. 2, 3, 4, 5 and 6 and the Schedule repealed
by No. 9, 1903; wholly repealed by No. 41, 1912 No. 9, 1903 Senators Elections Act 1903 (still in force) Victoria No. 1715 Federal
Elections Act 1900 Repealed by No. 1860 No. 1860 Senate Elections (Times and Places) Act 1903 Repealed by No. 2723 Notes to
the Commonwealth of Australia Constitution Act END QUOTE

While in regard of S51 whenever the Commonwealth commences to legislate this oust State
legislative powers, Section 9 however preserve the state legislative powers.
Hansard 30-3-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention) Mr. CLARKE: QUOTE I am, therefore, in favor of making each colony one electorate for the Senate. I have
listened with very much pleasure to the speech delivered by Mr. Deakin, and I heard him declare that he is in favor of the
rule of the majority. I am in favor of the rule of the people. I do not want a majority of the population in any particular
colony to return all the members for that colony. I want to see the wishes of the people take effect, and in order to carry
out the wishes of the people, and make Parliament a reflex of the opinion of the people we must introduce some such
system of election as the Hare system. Under that method of election the views of the minority are taken into account, and
it would be a fatal mistake-as we are establishing a Federation and want to establish it on proper lines-if we do not
introduce some system by which the opinions of the minority would be respected to some extent. QUOTE

What we now appears to have is that not for the interest of the states but for the interest of major
political parties Mr Malcolm Turnbull pursues to alter Senate elections, but essentially
depriving electors of a fair and proper vote. As a past INDEPENDENT candidate I know the
horrible experiences of being sidelined by the media. The voting above the line was a denial of
election fairness because INDEPENDENT candidates are deprived of a square above the line.
As such, Senator Ricky Muir and others like him success is precisely what the Hare-Spencer
system was about. Where the Senate is balanced by the minority having a representative. He (and
others) is there because major parties gave him their preference, and now they seem not to like
what they achieved. In my view above the line should be abolished all together and stop the
House of Representatives meddling in state rights and so seeking to groom the Senate to its
desires. Political parties should be restricted to one House only as it undermines the intention of
the Framers of the Constitution to have independent Houses of Parliament.
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
15-3-2016
G. H. Schorel-Hlavka O.W.B.
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