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Why are state parliaments not bound to the civil service pay scales if there is a contravention of the law?
The Scales of Justice are unconstitutional, because it can be shown that one of the provisions of the Constitution which creates these scales was created by Parliament under the Royal Prerogative, and Parliament no longer has the power to create new Royal Prerogatives.
The scale of Justice is a direct contravention of the Charter of the Judicature, which says:
“12. The Sovereign shall not discharge the judicial function; the sovereign shall ensure that the judicial function is exercised by the courts as provided by law.” [p41]
These courts have the power to prescribe and determine the pay of all persons employed in the judiciary, and Parliament cannot change this.
The scale of Justice is also directly contrary to the Bill of Rights, which says:
“12.No person shall be held to answer for any criminal offence unless the indictment of such offence be presented by or under the authority of the Attorney-General or other counsel for the Crown in the usual and proper form of an indictment found in any court of record.” [p37]
The Bill of Rights was passed in 1689 after the Parliament of 1688-1689 became defunct, and the final part of this Clause 12 was passed on 19 May 1689.
The Bill of Rights also says that “All judges shall not receive other or higher pay, fees, perquisites or emoluments, than those of the commonalty.” [p37]
This is a direct contravention of the scale of Justice, which requires judges to be paid more than the civil service pay of their normal occupation.
Finally, the scale of Justice is a direct contravention of the expressed wishes of our forefathers, who wrote in the Declaration of Independence “that the judges shall not be persons holding any office under the Crown, nor constitute any class of rulers, and shall execute their office without partiality, and without bias having any kind of influence upon their decisions.” [p32]
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