Thursday, April 22, 2010

Human Rights and Father Frank Brennan

Fr Frank Brennan expresses disappointment in today's (23 04 10)Sydney Morning Herald that the Labor Party will not put into law the report of his Consultation Committee on Human Rights. The reason why many people oppose a Charter is that it may be made a vehicle for the enforcement of a philosophy of life which is alien to the Australian ethos. Human rights have a bad reputation in Australia because of the hypocrisy many members of the of United Nations in such matters.

On the other hand the positive reaction of the Federal Government to the Committee's concerns is welcome. No one in Australia is actually against the implementation of a proper Human Rights agenda.

One suggestion is that the special jurisdiction of the High Court and associated courts to apply Section 75(v) of the Constitution to control the unlawful actions of Commonwealth officers be expanded by Parliament so as allow relief on grounds of the breach of community standards of fairness or of common humanity even if there has not been a distinct breach of the law..

There should then be a flow on effect on all Commonwealth officers as to how they go about their duties. Fairness and common humanity should then inform all their actions. The states then might follow for their Courts and then industry might.

In effect out own law would be our Charter and the evil of shoving alien philosophies down out throats avoided. Bad decisions would be voided and officers would not wish to have too many of such matters in their personal histories. The process would be deliberate and very public. It would be a supplemental provision and where the ordinary law provided relief there would be no call to apply the provision at all.

Any supposed human right would have to be tested against common society standards as they then exist. Alien contentions such no prayers before the opening of Parliament or forcing abortion on religious hospitals would not get a look in. To get to an new human right the Courts would have to be convinced that the supposed right had the support of the community as a whole.

If the Courts got it wrong Parliament could always correct them.

Sunday, April 4, 2010

Case Note: J. Canary & Jesus Christ

Case Note

Canary re Jesus Christ aka Emmanuel

No fixed abode, lately of Nazareth, means of support obscure, some begging.

Client: Joshua Canary also of Nazareth, casual agricultural labourer (1 denarius pd max), on the edge of the Jesus group, unreliable, known to Temple police.

Wants representation at the Inquest into above JC's death a few days, Supposed to be executed by 40 + days ago by order of the Imperial Governor, Pontius Pilate (PP), at the instance of the Temple authorities. The Sanhedrin wanted him executed for blasphemy for calling himself the Son of God and King of the Jews (max lese majeste re Roman Emperor). PP found no offence as JC did not claim temporal power (harmless idiot?) – the mob court yard in front of PP's Governor's residence howled for JC's blood - PP gives in to mob - gives Passover amnesty to robber/murderer, Barabbas

JC nailed to a Cross on Golgotha Hill with 2 thieves (tied on) (difference ? something in the political aspect?)– JC thought to have died about 3pm during dust storm and light disturbance – Roman soldier opened side and death was confirmed by the Centurion – taken down by group women but including his mother, wrapped and placed in borrowed tomb (temporarily) as turns out - supposed to be sealed by rock – next morning tomb said by followers to be empty.

Few days ago turned up at a dinner gathering of fellow Nazarene/Essenians who are talking about a Jesus movement based on JC's sermons and public sayings.

Thomas, a prominent follower denies that JC is alive when told that he has been seen – also a lawyer (rabbi or Roman advocate ?) says he will believe when he places his hand JC's side.

Later JC appears and Thomas places his hand in JC's side and only then believes JC is alive. Max evidence JC never died.

JC has since disappeared and no body is to be found.

Advise T's evidence is strong proof that JC never died – very occasionally a very badly wounded soldier will survive when he should be dead - and then die a couple of months later – can even be ambulatory. Josh: “That's what you think.”

Joshua advised:

1.No body – no cause of death – no inquest.
2.Do not invite attention of Temple or Roman authorities by starting or taking part in any agitation – and stay away from the Jesus group
3.No money – no action

File in general file in case something comes of this group – true miracle if it does.


DN