Commentary
Police officer Ben Falconer lost a lawsuit challenging compulsory vaccination in Western Australia (WA). He said the enforcement measures that required all police officers to be vaccinated against his COVID-19 and the chief health officer’s ban on unvaccinated police officers from entering or exiting police premises. I took legal action against the instruction (administrative order).
But Washington State Supreme Court Judge Jeremy Allanson dismissed his case yesterday, arguing that the actions of the police commissioner and chief health officer were “justified” under the “extraordinary” circumstances of the alleged pandemic. did.
Alenson said: “All the evidence proves that the COVID-19 pandemic was an extraordinary emergency.”
In this case, it is important to remember how dictatorships usually exist. There are always “extraordinary circumstances” that can be used to justify violations of individual rights.
We may be repeating history. The desire to extend emergency powers seems to confirm the worst fears of Austrian-British economist and philosopher Friedrich Hayek. In Law, Legislation and Freedom (1981), the Nobel laureate commented that the continual renewal of emergency powers always has a way of becoming more permanent.
Hayek provided this insight:
“The ’emergency’ has always been a pretext by which the protection of individual liberties has been eroded, and once suspended, it has ensured that the emergency persists for those who have assumed the powers of such an emergency. It’s not difficult to do.”
Hayek was stating an undeniable truth here: extraordinary emergency powers have always been used as a means of suppressing individual rights and dramatically increasing the power of the state.
Alenson also Application for judicial review Police radio operator Leslie Finley claimed the instructions violated his “bodily integrity.” However, according to the common law doctrine of physical integrity, no person should be compelled to undergo any medical procedure, including vaccination.
The WA government’s “no jab, no work” order is therefore a serious violation of this common law right to physical integrity.
In Bowater v Rowley Regis Corp (1944), Judge Scott stated that consent to treatment, including vaccination, was required before treatment could proceed.
“…one cannot be truly ‘advanced’ unless he is in a position to freely choose, and freedom of choice is not only a full knowledge of the circumstances in which the exercise of choice is conditioned, but also It presupposes freedom of choice. He can choose wisely, but there is no restraint in his mind, just as nothing impedes his freedom of will.
dismiss evidence on the other side of the argument
of his reasoning, Alenson also states that the “evidence” shows that vaccination is “effective in reducing the rate of infection and therefore contagion” and that two doses are “effective in preventing serious illness”. This part of his argument contains factual errors. Because data on deaths from COVID-19 reveal a worrying trend of higher mortality among highly vaccinated people.
According to Dr. Robert Malone, inventor of the mRNA vaccine technology used in Pfizer’s vaccines, the current situation where these vaccines are becoming less effective should have been expected.
“The truth is that we are now at risk of further evolution of this virus with advanced vaccinations,” he said.
Israel has been touted as the “gold standard” for how to carry out COVID vaccine deployments. however, interview On August 5, 2021, on Israeli TV, Dr. Kobi Habib, medical director of Herzog Hospital in Jerusalem, said most COVID patients, including those with severe symptoms, are fully vaccinated.
It is therefore perfectly reasonable to suspect that the mRNA in the COVID-19 vaccine is actually suppressing the immune system.
Despite all evidence to the contrary, Alenson argued that his court “needed to be informed by expert opinion, and state witnesses strongly supported the measures introduced.”
Curiously, just last month the prestigious Journal of Food and Chemical Toxicology published research paper They show that “vaccination induces profound impairments in type I interferon signaling that have a wide range of adverse effects on human health.”
These investigators identified “severe impairments in the regulatory control of protein synthesis and cancer surveillance,” with potential causal links to a variety of diseases such as neurodegenerative disease, myocarditis, Bell’s palsy, liver disease, and adaptive immune disorders. identified the possibility of
courageous australian man
Speaking outside the courthouse, Falconer vowed not to give up.
“I have a quote from Martin Luther King. [Jr.] What comes to mind is that, as Australians, we have a moral responsibility not to obey unjust laws. ” He said.
On Good Friday 1963, a judge issued an injunction against King on behalf of city officials. He was arrested for refusing to comply. He was confined to solitary confinement and wrote on the strips of toilet paper why he decided not to obey unjust laws.
At first glance, it might seem rather paradoxical that he consciously broke certain laws, because King was asking his supporters to follow laws against human rights violations. One might ask, “How can you advocate breaking some laws and obeying others?”
To this question, King replied:
“The answer lies in the fact that there are two kinds of law: fair and unjust. There is not only a legal responsibility to obey fair laws, but also a moral responsibility. I agree with St. Augustine that an unjust law is no law at all.”
Despite this disappointing outcome, Falconer and all other plaintiffs are true heroes and I have the utmost respect for them. Australians who have passively watched all aspects be controlled have much to learn from these courageous people.
In this context, the Falconers are correct and effectively have a legitimate right to demand immediate restoration of their fundamental rights and liberties. I can only hope that the High Court is willing to assist in this process.
Views expressed in this article are those of the author and do not necessarily reflect those of The Epoch Times.
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Augusto Zimmermann is Professor and Legal Director at the Sheridan Institute of Higher Education, Perth. He has also served as President of the Western Australian (WA) Association for Legal Theory and Editor-in-Chief of The Western Australian Jurist, and from 2012 until 2017 he was a member of the WA Law Reform Commission. “Composition Brasileiro”, “Western Legal Theory”, and “Christian Foundations of Common Law”.