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Is there a way forward without civil conflict across Vic and NSW?, page-13

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batfink68

2,161 Posts.

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25/09/21

15:09

Post #: 56346635
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Originally posted by Yoggit: ↑

"From a constitutional point of view, as we have explained elsewhere, the jurisprudence of the High Court indicates that what cannot be done directly, cannot be achieved indirectly without violating section 51 of the Constitution. This point is addressed in a comment of Justice Webb in British Medical Association v Commonwealth:And then the judges of the high court arose one morning, took a look at the paperwork of the WA Gov't and Mr Clive Palmer's and announced ex cathedra:

The judgment stated there could be no doubt that a law restricting the movement of people into a state was a suitable way of preventing COVID-19 from entering a community.

The court accepted the Emergency Management Act empowered the state government to "direct or prohibit the movement of persons into an emergency area", which allowed it to block people from entering the state.If people entered WA whilst infectious, "there would be a high probability it would spread within the community and at least a moderate probability there would be uncontrolled outbreaks".

"If there were uncontrolled outbreaks, the consequences would include the risk of death and hospitalisation, particularly for the vulnerable groups," the judgment stated.Section 51 of the Constitution didn't get a look in.

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Then there's only bloodshed available going forward.

If the High Court can't/won't consider us, there is no other way out of this than violence.
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