H J AMES J OHNSON

A USTRALIAN H OUSE OF R EPRESENATIVES

I NDEPENDENT C ANDIDATE FOR L ALOR

Friday 27 August 2010

My fellow constituents of Lalor Media Release

(and other interested Australians)
By Twitter and Facebook

MEDIA RELEASE: SOLICITOR-GENERAL IS WRONG – NEITHER THE QUEEN NOR HER

REPRESENTATIVE THE GOVERNOR-GENERAL HOLDS ANY HIGH CONSTITUTIONAL POWERS IN
AUSTRALIA'S SYSTEM OF GOVERNMENT

Constitutional Human Rights Lawyer of 20 years Good Standing James Johnson said on twitter today
www.twitter.com/@JamesJohnsonCHR that

"Embarrassingly, #AusVotes Sol-Gen Gageler SC gives Gov-Gen right

advice but got the reasons all wrong: see www.scribd.com/doc/36433934
compared to www.scribd.com/doc/36490719

Governor-General Quentin Bryce has been advised that her relationship to parliamentary secretary Bill Shorten
does not give rise to any constitutional or other legal impediment when deciding who should form a minority
federal government. The advice was given by the Commonwealth Solicitor-General. Mr Shorten married the
governor-general's daughter Chloe in November 2009. The couple have a daughter, Clementine. He was one

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of the key factional powerbrokers instrumental in the dumping of former prime minister Kevin Rudd in favour of
Julia Gillard earlier this year. But solicitor-general Stephen Gageler SC said the marriage of the governor-
general's daughter to Mr Shorten gave rise to no constitutional or other legal impediment....

James Johnson says (quoting Gough Whitlam's “On Australia's Constitution” published in 1977 and letters sent
by the Queen to the Australian House of Representatives on 17 November 1975 (6 days after that infamous
dismissal) that Stephen Gageler SC is horribly wrong in saying that “...the marriage of the governor-general's
daughter to Mr Shorten gave rise to no constitutional or other legal impediment. To imply such a constitutional
inhibition, in my opinion, would not enhance the performance of the high constitutional functions of the
governor general," he said in a letter to Ms Bryce.”

According to ninemsn.com.au Mr Shorten, who married the governor-general's daughter Chloe in November
2009, was “one of the key factional powerbrokers instrumental in the dumping of former prime minister Kevin
Rudd in favour of Julia Gillard earlier this year.”

James Johnson says that it is erroneous and dangerous to suggest to the Governor-General that she
exercises “high constitutional functions” as the “Governor-General”. Mr Johnson refers to the observations of
former Australian Prime Minister Gough Whitlam “Australia's greatest ever constitutional scholar” to the effect
that the role of the Queen and her Governor-General in Australia's political system is purely ceremonial. Mr
Johnson also refers to correspondence that Gough Whitlam received dated 17 November 1975 in which the
Queen acknowledged that she has no constitutional functions of any kind in Australia's constitutional
democracy system of Government.

According to Mr Johnson, it is unthinkable that the Queen, or Her 2010 ceremonial representative in Australia,
Her Excellency the Governor-General would take anything other than a ceremonial role in the deliberations
between Australia's 150 new parliamentarians, via Mr Abbott and Ms Gillard as the leaders of the two biggest
political factions, to form Australia's next Government.

Mr Johnson has already gone on public record advising that should the Governor-General purport to exercise
any so-called reserved or royal governmental powers as a representative of the ceremonial Monarch (Queen
Elizabeth of Australia), he is in receipt of instructions to challenge the legitimacy of Her Excellency's conduct by
issuing legal proceedings destined to get the judgment of Chief Justice French and the other 6 Judges of the
Full High Court. Sadly, Mr Johnson says, “for reasons that we can only guess at, neither of the two major

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political parties, nor anybody else, saw to take this step to defend and protect the Australian people and the
Constitution when that extraordinary Prime Ministerial dismissal occurred.”

“I trust that Her Excellency Lady Bryce will have enough good sense, rightly advised by the Solicitor-General
that she does not have any conflict of interests of her ceremonial functions and her familial ones (as Mr Bill
Shorten's mother-in-law), not to mistakenly think that she as Queen Elizabeth's ceremonial representatives has
any constitutional or other powers to interfere in Australian parliamentary affairs. The days when the King
could dominate a Western Parliament ended in the mid-1600s with the execution of King Charles for crimes
against humanity following the first war crimes trial in Western History. I am confident that Her Excellency
Lady Quentin Bryce is receiving sensible advice along these lines from Buckingham Palace and would not for
a moment consider acting solely on the advice given to her by Solicitor-General Stephen Gageler SC which,
with respect, seems woefully unhelpful to Her Excellency.”

Best wishes
JAMES JOHNSON

THIRTY-ONE RECOMMENDATIONS FOR FURTHER READING AND WATCHING

1. “On Australia's Constitution” by E.G Whitlam (1977, Widescope)

2. “Family Court” speech by Rocher, T, Deputy Speaker of the Australian House of

Representatives, 17 June 1997 (Australian Parliamentary Hansard, at page 5205):
http://www.scribd.com/doc/35318445/RocherAPHHansard19970617High-Res-A4

3. “1984” (1956 Movie Directed by Michael Radford and staring John Hurt based on the 1949 dystopian
political satire of the same name written by Eric Arthur Blair under his pseudonym “George Orwell”);

4. “Animal Farm” (1999 Animated Movie based on the dystopian allegorical novella of the same name
written by Eric Arthur Blair under his pseudonym “George Orwell”);

5. “Minority Report” (2002 Movie Directed by Stephen Spielberg and staring Tom Cruise, loosely based on
the science fiction neo-noir short story “The Minority Report” by Philip K Dick);

6. “Thought Crimes” (2003 Movie Directed by Breck Eisner, staring Navi Rawat);

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 7. “Alice's Adventures in Wonderland” (1865) by Reverend Charles Lutwidge Dodson (under his
pseudonym Lewis Carroll) (2010 movie directed by Tim Burton starring Johnny Depp and Helena
Bonham-Carter);

8. “Empire: How Britain Made the Modern World” (2003) Ferguson, Niall (Penguin Books);

9. “The Captive Republic A History of Republicanism in Australia 1788 – 1996” (1996) McKenna, Mark
(Cambridge University Press);

10. “Rooting Democracy: Growing the Society We Want” (1997) Rayner, M (Allen and Unwin);

11. “The Lucky Country” (1964) Horne, Emeritus Professor Donald (Penguin Books);

12. “Why I want to be King of Australia: Lateral Suggestions for a New Millennium” (1999) De
Bono, Edward (Penguin Books);

13. “The Fatal Shore: A History of the Transportation of Convicts to Australia, 1787 - 1868”
Hughes, Robert (Vintage Books);

14. “Fathers 4 Justice: The Inside Story” (2007) O'Connor, Matt (Weidenfeld & Nicholson);

15. “Police and Government: Histories of Policing in Australia” (1994) Finnane, Mark (Oxford University
Press);

16. “Politics on Trial: Five Famous Trials of the 20th Century” (2003) Kunstler, William (Ocean
Press);

17. “The Annotated Constitution of the Australian Commonwealth” (1900) Sir John Quick & Sir Robert
Garran;

18. “It's Your Constitution: Governing Australia Today” (1998) Saunders, Dr Cheryl (Federation Press);

19. “The Great Constitutional Swindle: A Citizen's View of the Australian Constitution” (1999)
Botsman, Peter (Pluto Press);

20.I Fear for my Country” Botsman, Peter (2010)

21. “The Five Thousand Year Leap: 28 Great Ideas That Changed the World” (2009 - 30th
Anniversary Edition) Skousen, W. Cleon (American Documents Publishing);

22. “A New Constitution for Australia” (2002) Harris, Bede (Cavendish Publishing);

23. “A Vindication of the Profession of Law and those who Profess it” (1643) Cook, J (private manuscript);

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 24. “Serial Liars: How Lawyers Get the Money and Get the Criminals Off” (2005) Whitton, Evan (Lulu);

25. “Inside Lawyers' Ethics”(2007) Parker, Christine and Evans, Adrian (Cambridge University Press);

26. “A Bill of Rights for Australia” (2004) Williams, Professor George;

27. “Justice Game” (1998) Robertson, Geoffrey (Vantage Books);

28. “Crimes Against Humanity” (2003) Robertson, Geoffrey (Vantage Books);

29. “The Tyrannicide Brief” (2008) Robertson, Geoffrey (Vantage Books);

30. “A Statute of Liberty: How Australians can get their Rights Back” (2009) Robertson, Geoffrey (Vantage
Books);

31. “The Magna Carta Manifesto” (2009) Lindbaum, Peter (UCLA Press).

- o0o -

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DEFENDING THE AUSTRALIAN CONSTITUTION *** WORKING FOR TRUTH, JUSTICE AND A NEW AUSTRALIAN WAY