Wednesday, 22 July 2015

writ of mandamus

Dear Senator

 I have had legal advice that a writ of mandamus will instruct you to allow the Australian Electoral Commission to examine citizenship of all current and future members of parliament and determine compliance with S44 of the constitution. Rather than taking up the courts time,wasting your money and time and the tax payers money and feeding already well fed legal people will you create a ministerial directive to allow the Australian Electoral Commission to examine compliance with S44 of the constitution?

I have been told that a writ of mandamus would compel you to do this. The current operation of S44 of the Constitution is limited to a 40 day time frame after an election is declared where two voters in the members seat must find $500 and approach the High Court of Australia. There is no other way for the law to operate.

Commissioner Colvin of the Australian Federal Police office has advised me that they can not prosecute under S44 of the Constitution because the AEC can not examine citizenship of candidates and members.

The writ of mandamus is,I am told, guaranteed to be effective in changing the rules to allow citizenship to be examined by the AEC.

The people who drew up the Constitution did not want a part of it controlled by a political party,which S44 is now. I do hope you will see your way to alter the rules by a ministerial directive rather than going through the courts. I look forward to your speedy reply so that the matter can be resolved.

Yours Tony Magrathea

That bit at the end of my blog

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