Welcome to Normal. A space for Humans to discern sense from nonsense, normal from abnormal, right from wrong, and act together in common interest. Normality is maintained by Michael Kowalik, Philosopher, Ethicist.
Academic: https://philpeople.org/profiles/michael-kowalik
Blog: https://michaelkowalik.substack.com/
NEW book: https://www.amazon.com/dp/1763717224/
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Academic: https://philpeople.org/profiles/michael-kowalik
Blog: https://michaelkowalik.substack.com/
NEW book: https://www.amazon.com/dp/1763717224/
Donate Ko-Fi: https://ko-fi.com/L4L76DED
Donate Stripe: https://buy.stripe.com/28oeX19kR3SofM49AB
Summary of arguments against Vaccine Passports: https://qr.ae/pGRI1R
Quora
What are some criticisms against the concept of Covid-19 vaccine passports? - Quora
Vaccines are intended to augment the healthy, natural state of our immune system. Mandatory vaccination, immunity passports, or any other form of discrimination on the basis of the vaccination status are defeasible because they discriminate agains...
Petition to repeal the unconstitutional Emergency Powers in the State of Victoria. If you do not want the Victorian Government to rule by edict, without Parlimentary vote on each new restriction on your freedom, then sign and share. Let’s get 100,000 signatures and this path to Tyranny will be lawfully closed: https://www.parliament.vic.gov.au/council/petitions/electronic-petitions/view-e-petitions/details/12/374
The argument underpinning my petition to the Parliament of Victoria to repeal Emergency Powers:
The principle of Ultra Vires was succinctly formulated by Justice Griffith in Sydney Municipal Council v Commonwealth, HCA 50 (26 April 1904): “... if the authority which assumes to create such a delegation does not itself possess the power, the delegation is void, since the spring cannot rise higher than its source.”
The legislative power in the State of Victoria is vested solely in the Parliament (s16, Constitution Act 1975), where the "Parliament" includes each House of the Parliament, the members of each House, the committees of each House and joint committees of both Houses (s94B.7). The only means of making legally binding restrictions on freedoms under the constitution is therefore by the majority vote of the Parliament.
Emergency Powers are essentially a delegation of the constitutional authority to make legally binding restrictions on freedoms (s200, Public Health and Wellbeing Act 2008). If it were not an extension of the legislative authority of the Parliment it would not have the force of law. Emergency Powers, once assumed, are exercised by the decree of the government.
The constitutional objection is that the Parliament does not have the authority to dispense with or bypass any element of the legislative process set in the Constitution (including the majority vote by both houses). The Parliament cannot delegate powers it does not itself possess. Any Act of Parliament that would purport to delegate powers that exceed the procedural limits of the Parliament itself is therefore Ultra Vires and Void. This problem is most obvious in the case of purported suspension of the Parliament, as it then explicitly assumes authority over and above the Parliament, and yet the Parliament is the only source of its legitimate, constitutional authority, therefore contradiction. This takes us back to the judgment in Municipal Council v Commonwealth 1904; “...the spring cannot rise higher than its source.”
https://www.parliament.vic.gov.au/council/petitions/electronic-petitions/view-e-petitions/details/12/374
The principle of Ultra Vires was succinctly formulated by Justice Griffith in Sydney Municipal Council v Commonwealth, HCA 50 (26 April 1904): “... if the authority which assumes to create such a delegation does not itself possess the power, the delegation is void, since the spring cannot rise higher than its source.”
The legislative power in the State of Victoria is vested solely in the Parliament (s16, Constitution Act 1975), where the "Parliament" includes each House of the Parliament, the members of each House, the committees of each House and joint committees of both Houses (s94B.7). The only means of making legally binding restrictions on freedoms under the constitution is therefore by the majority vote of the Parliament.
Emergency Powers are essentially a delegation of the constitutional authority to make legally binding restrictions on freedoms (s200, Public Health and Wellbeing Act 2008). If it were not an extension of the legislative authority of the Parliment it would not have the force of law. Emergency Powers, once assumed, are exercised by the decree of the government.
The constitutional objection is that the Parliament does not have the authority to dispense with or bypass any element of the legislative process set in the Constitution (including the majority vote by both houses). The Parliament cannot delegate powers it does not itself possess. Any Act of Parliament that would purport to delegate powers that exceed the procedural limits of the Parliament itself is therefore Ultra Vires and Void. This problem is most obvious in the case of purported suspension of the Parliament, as it then explicitly assumes authority over and above the Parliament, and yet the Parliament is the only source of its legitimate, constitutional authority, therefore contradiction. This takes us back to the judgment in Municipal Council v Commonwealth 1904; “...the spring cannot rise higher than its source.”
https://www.parliament.vic.gov.au/council/petitions/electronic-petitions/view-e-petitions/details/12/374