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WITHOUT PREJUDICE
Mr Tony Abbott PM

14-9-2015

C/o josh.frydenberg.mp@aph.gov.au
Cc:

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Bill Shorten Bill.Shorten.MP@aph.gov.au

Senator George Brandis senator.brandis@aph.gov.au
George Williams george.williams@unsw.edu.au
Mr Clive Palmer Admin@PalmerUnited.com
Jacqui Lambie senator.ketter@aph.gov.au
Scott Morrison Scott.Morrison.MP@aph.gov.au
Ref; 20150914-G. H. Schorel-Hlavka O.W.B. to Mr TONY ABBOTT PM
-Press Release-Re Leadership spil

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Tony,
as a CONSTITUTIONALIST my concern are that Mr Malcolm Turnbull while as a
Minister for Telecommunication he was supposed to be a constitutional advisor he seems to
me to lack this ability, hence his resignation is appropriate for this. I therefore view he should not
be a Minister again let alone a Prime Minister.
HANSARD 4-3-1891 Constitution Convention Debates
QUOTE Sir HENRY PARKES:
The resolutions conclude:
An executive, consisting of a governor-general, and such persons as may from time to time be
appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
upon their possessing the confidence of the house of representatives expressed by the support of the
majority.

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What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as
similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as
possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial
advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to
lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other
gentlemen to work upon this foundation so as to best advance the ends we have in view.
END QUOTE

As such, it is not relevant if Mr Malcolm Turnbull were to become leader of the Liberal Party as
in the end it is the House who can only dispose of the Minister (including a Prime Minister).
Another issue is that despite Mr Malcolm Turnbulls claims Cabinet is a body of federal
Ministers and to restore traditional Cabinet government there is constitutionally no such thing.
Cabinet cannot decide what eventuate in an department and so have the responsible Minister at
risk to cop it when something goes wrong, as it is the responsible Minister who must
ultimately make the decision and all Cabinet can do is to advise the relevant Minister.
We cannot have so to say faceless people dictating party rules upon a responsible Minister and
then when things go wrong then they are nowhere to be found and let the responsible Minister
cop the rot.
It doesnt mean that Cabinet is to be disregarded but what Mr Malcolm Turnbull seeks to argue
for is that the issue of responsible government will be no more!
.

HANSARD 17-3-1898 Constitution Convention Debates

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Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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QUOTE
Mr. BARTON.-this Constitution is to be worked under a system of responsible government
END QUOTE
.

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HANSARD 17-3-1898 Constitution Convention Debates

QUOTE
Mr. BARTON.- We have simply said that the guarantee of the liberalism of this Constitution is
responsible government, and that we decline to impair or to infect in any way that guarantee.
END QUOTE
HANSARD 10-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. BARTON (New South Wales).Then, again, there is the prerogative right to declare war and peace, an adjunct of which it is that the
Queen herself, or her representative, where Her Majesty is not present, holds that prerogative. No one
would ever dream of saying that the Queen would declare war or peace without the advice of a
responsible Minister.
END QUOTE
Hansard 5-3-1891 Constitution convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. DEAKIN:
That is a strong statement, and the judgment of the majority of our Supreme Court justifies me in asserting
that this Convention cannot too soon face the issue involved in it. I take it that the people of Australasia will
not be satisfied with any "instalment" or any "measure" of responsible government, or any limitations,
except such as are necessary to the unity of the empire. We claim, without shadow of doubt or vestige of
qualification, all the powers and privileges possessed by Englishmen. The governor-general, as
representative of the Queen in these federated colonies, should be clothed by statute with all the powers
which should belong to the representative of her Majesty; he should be above all risk of attack, because he
should act only on the advice of responsible ministers, who should be prepared either to obtain the
sanction of Parliament for their acts or vacate office. Parliament, in its turn, should be brought into
intimate relation with the electorates. This is true, popular government.
END QUOTE
Hansard 10-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON.-A written Constitution is not exhaustive. We have implanted responsible government
in this Constitution, but we have not said so in so many words.
END QUOTE
Hansard 5-3-1891 Constitution Convention Debates
QUOTE
Mr. MUNRO:
. I quite admit that the United States system suits them; and if we are simply going to form a republic,
and to establish an institution in which the executive will not be in Parliament, and will not be
responsible, the state of affairs will be totally different. But I am contemplating that this Convention has in
view the formation of true responsible government.
END QUOTE
HANSARD 26-3-1897 Constitution Convention Debates
QUOTE Mr. ISAACS:
There is a line up to which concession may become at any moment a sacred duty, but to pass that line
would be treason; and therefore, when we are asked solemnly and gravely to abandon the principle of
responsible government, when we are invited to surrender the latest-born, but, as I think, the noblest child
of our constitutional system-a system which has not only nurtured and preserved, but has strengthened the
liberties of our people-then,
END QUOTE

It appears to me to be clear that Mr Malcolm Turnbull has no respect for our constitutional
system. A clear example was his push as a Minister of the crown for a republic. This I view is
treason towards our constitution.
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Hansard 2-3-1898 Constitution Convention Debates

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Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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QUOTE

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Mr. SYMON ( South Australia ).In the preamble honorable members will find that what we desire to do is to unite in one indissoluble Federal
Commonwealth -that is the political Union-"under the Crown of the United Kingdom of Great Britain
and Ireland , and under the Constitution hereby established." Honorable members will therefore see that the
application of the word Commonwealth is to the political Union which is sought to be established. It is not
intended there to have any relation whatever to the name of the country or nation which we are going to create
under that Union . The second part of the preamble goes on to say that it is expedient to make provision for
the admission of other colonies into the Commonwealth. That is, for admission into this political Union,
which is not a republic, which is not to be called a dominion, kingdom, or empire, but is to be a Union
by the name of "Commonwealth," and I do not propose to interfere with that in the slightest degree.
END QUOTE

The same with the same sex (homosexual) marriage issue. As CONSTITUTIONALIST I view
that the word marriage as stated in the constitution must be interpreted according to the Act
Interpretation Act 1889, the governing legislation.
":.. The starting point for a principled interpretation of the Constitution is the search for the intention of its
makers"
Gaudron J (Wakim, HCA27\99)

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"... But in the interpretation of the Constitution the connotation or connotations of its words should
remain constant. We are not to give words a meaning different from any meaning which they could have
borne in 1900. Law is to be accommodated to changing facts. It is not to be changed as language changes.
"
Windeyer J (Ex parte Professional Engineers' Association)

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Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999]
HCA 27 (17 June 1999)

QUOTE
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Constitutional interpretation

The starting point for a principled interpretation of the Constitution is the search for the
intention of its makers[51]. That does not mean a search for their subjective beliefs, hopes
or expectations. Constitutional interpretation is not a search for the mental states of those
who made, or for that matter approved or enacted, the Constitution. The intention of its
makers can only be deduced from the words that they used in the historical context in
which they used them[52]. In a paper on constitutional interpretation, presented at
Fordham University in 1996, Professor Ronald Dworkin argued, correctly in my
opinion[53]:

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"We must begin, in my view, by asking what - on the best evidence

available - the authors of the text in question intended to say. That is an
exercise in what I have called constructive interpretation[54]. It does not
mean peeking inside the skulls of people dead for centuries. It means
trying to make the best sense we can of an historical event - someone, or a
social group with particular responsibilities, speaking or writing in a
particular way on a particular occasion."

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END QUOTE

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While Minister can have political views of their political parties a Minister, so the whole
government, must govern for all people and not just to suit their political ambitions regardless if
this may offend most people in the general community.
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Hansard 1-3-1898 Constitution Convention Debates

QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
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Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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that there shall be embedded in the Constitution the righteous principle that the Ministers of the
Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
any private person would be.
END QUOTE

Clearly the responsible Minister can be held accountable, and not the faceless people in the
Cabinet, and as such I am finding it disturbing that Mr Malcolm Turnbull has expressed his
desire to so to say get rid of Mr Tony Abbott which to me may underline his hidden agenda to
rob electors to vote in a referendum such as in regard of the issue of marriage.
I understand from others that they fear Mr Malcolm Turnbull and his hidden agenda. That
regardless of what Mr Malcolm Turnbull may claim he will change on climate change issues, etc,
and basically turn the Liberal Party into another Labor Party and so also uses it to govern the
Commonwealth of Australia.
The Governor-General commissioned Mr Tony Abbott and Mr Malcolm Turnbull basically is
telling people the Governor-General (at the time) got it wrong as he is the better person. Reality
is that it is the Governor-General who appoints a Prime Minister and as such I find it offensive
that Mr Malcolm Turnbull seeks to interfere with the prerogative powers of the GovernorGeneral in such manner.
HANSARD 4-3-1891 Constitution Convention Debates
QUOTE Sir HENRY PARKES:
The resolutions conclude:

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An executive, consisting of a governor-general, and such persons as may from time to time be
appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
upon their possessing the confidence of the house of representatives expressed by the support of the
majority.
END QUOTE

It was never in doubt that Mr Malcolm Turnbull was ongoing undermining Mr Tony Abbott and
the question is if it is better to get all together of political parties. Mr Malcolm Turnbull argues
one has to respect the intelligence of the public, and yet he knows better. Really?
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While Mr Malcolm Turnbull raises economy as an issue, is this just in his mind as we certainly
are doing better now than a few years ago!
I look forwards to your positive reply!

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This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
Awaiting your response,

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

p4
12-9-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail admin@inspectorrikati.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati