Conversations With The Constitution

21 Mar

Sometime in 2004, your humble blogger was waiting for a flight at Melbourne airport and went in search of something interesting to read.

Leading constitutional law expert Professor Greg Craven‘s cleverly written “Conversations With The Constitution: Not Just A Piece Of Paper” made a long wait for a short flight highly entertaining, frequently amusing, and genuinely enlightening.

Professor Craven has now added his voice to that of constitutional barrister Bryan Pape, and the legal counsels of self-made Aussie miners Clive Palmer and Andrew Forrest, in publicly stating that the Green-Labor government’s mining tax, and carbon tax, are indeed open to challenge as being in breach of the Australian Constitution.

Interestingly, Professor Craven indirectly refers to the very same sections of the Constitution that your humble blogger has long cited as having been deliberately circumvented by the government in legislating their new “taxes” (emphasis added):

Constitutional law expert Greg Craven said it was also likely the MRRT would face twin legal challenges by states and mining companies.

The Australian Catholic University vice-chancellor said the states could challenge the new laws on the grounds that they interfered with resources rights.

A mining company could argue the tax interfered with its property without just terms, he said.

There are a lot of arguments that could be raised,” he said.

“It’s a little bit like the carbon tax, there are some laws that are born to be challenged because they are so complicated.”

It is very likely it will end up in court but what will happen there is much more unpredictable.”

Professor Craven said such a legal challenge could potentially take years to resolve.

As we have seen previously (“GilSwan Conned – Mining Tax The Greens’ Pit Of Despair”), the mining tax is a farcical Trojan Horse, designed by the Big 3 multinational miners, for the Big 3 multinational miners, in a secret and corrupt exclusive deal with Gillard and Swan, to increase the Big 3 foreigners’ oligopoly in Australia at the expense of their much smaller, locally-owned competitors.

And of course, regular readers know only too well that the carbon “tax” is nothing of the sort, but is in plain matter of fact another Trojan Horse; it is a CO2 derivatives scam, designed by bankers, for bankers.

Now that both “taxes” have been railroaded into law by the Greens and Labor, it has fallen to Mr Palmer and Mr Forrest to take up the legal fight against these laws, in the national interest:

Billionaire miner Andrew “Twiggy” Forrest says he is close to mounting a legal challenge to the Gillard government’s mining tax.

Mr Forrest said his listed company, Fortescue Metals, was not opposed to paying tax, but the minerals resource rent tax was “poorly designed” and biased against smaller miners.

“The minerals resource rent tax is unfair, narrowly based, complex, inefficient and will reduce investment and future jobs in the Australian mining industry,” a spokesman for Mr Forrest told The Australian Online.

“As Fortescue has previously advised, the company has engaged senior counsel and will commence legal proceedings after the legislation has been enacted and legal opinion has been finalised.”

The Australian Online understands Mr Forrest will urge smaller miners from the Association of Mining and Exploration Companies to join the proceedings.

Mining magnate Clive Palmer, who has vowed a High Court challenge against the government’s carbon tax, is yet to decide whether he wants become involved.

“One person can only do so much at one time,” he told The Australian Online.

“If I thought the mining tax bill was unconstitutional, I would mount a challenge.”

Finance Minister Penny Wong said she believed the mining tax would survive the challenge.

“We have sought legal advice and I am confident the minerals resource rent tax will withstand any challenge,” Senator Wong said.

However, Liberal Senator Mathias Cormann said the tax was likely to be scuttled.

“I have no doubt that Labor’s dodgy mining tax will be thrown out by the High Court just as their dodgy Malaysia people swap deal was thrown out by the High Court,” he said.

We shall see.

I for one have little faith in the wisdom, impartiality, or integrity, of the befrocked, high and mighty, “progressive” “intellectual” lawyers (need I say more?) who have risen above the ranks of their parasitic, ambulance-chasing brethren to preside over Australia’s so-called “justice” system. Like those special turds, that always float to the top.

Nevertheless, we live in hope. It would be very pleasing to see motions of injunction successfully filed against both “taxes”, prohibiting the government from handing out “compensation” payments etc, until after the legal challenge/s have been decided.

Indeed, it would be a sweet, sweet irony if a legal injunction stayed the executioner’s sword being brandished by this government over the economy … just as their 4-years-and-counting delay in the FWA investigation into Labor MP Craig Thomson has stayed the executioner’s sword being brandished by the Australian public over this government.

About these ads

3 Responses to “Conversations With The Constitution”

  1. The Old and Unimproved Dave March 21, 2012 at 9:37 am #

    The three words that form in my mind when I see Julia Gillard and Bob Brown fronting up to a press conference together — “What fresh hell…..?”

  2. Joel May 9, 2012 at 10:42 am #

    Erm, who are those legal counsel that advised the State Governments of Australia to collectively appeal? Apparently they’ve been outweighed by each of those State Government’s own counsel?

    Perhaps we should have a list of these lawyers?

  3. Kevin Moore May 9, 2012 at 7:31 pm #

    “Lessons in trust law” may be found useful -

    http://thecrowhouse.com/deanclifford.html

Comments are closed.

Follow

Get every new post delivered to your Inbox.

Join 2,311 other followers

%d bloggers like this: