Does anyone here think, that Australia and it's people should have a Bill of Rights?, so we have certain protections under the Constitution. I know we are surely lacking any real legal protections from the Government or the Law when push comes to shove.
If we could get a Bill of Rights, one thing I would like is the Right to Privacy, that is something we don't have anymore, specifically in the last 2 years.
Actually Mike, I'd suggest that Australia is much better off for not having all these supposedly essential rights enshrined in law. Just compare our situation with the entirety of other countries' and see who is getting the better deal
There is no excuse for any democratic country *not* to have a bill of rights.
. . . and there is no excuse for any country not to be democratic.
However, some years ago Australians voted No to a referendum question that asked whether they wanted free and fair elections. On that basis it would appear that Australians are too stupid to know what is good for them. Today this same stupidity is reflected in the antivaxxers.
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Actually Mike, I'd suggest that Australia is much better off for not having all these supposedly essential rights enshrined in law. Just compare our situation with the entirety of other countries' and see who is getting the better deal
That's the luck of the draw. If you have no rights, then you're at the mercy of your government. Australia would have experienced the same infection rates, and death rates, as the USA and UK if boofheads like Tony Abbott were in charge. The USA and UK weren't so lucky.
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"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full."
dorian that's a very silly statement. Again you bring a blatant political statement into what has been until now a discussion about a bill of rights and you shoot of on a tangent of illogical political bias. The USA, as an example, has a bill of rights. Yet it's often challenged in their courts. So in the end the courts decide on the correct interpretation. Just like they do here in Australia. Australia is over governed what we don't need is more laws.
dorian that's a very silly statement. Again you bring a blatant political statement into what has been until now a discussion about a bill of rights and you shoot of on a tangent of illogical political bias. The USA, as an example, has a bill of rights. Yet it's often challenged in their courts. So in the end the courts decide on the correct interpretation. Just like they do here in Australia. Australia is over governed what we don't need is more laws.
I'm just stating facts which should be self-evident, and I'm using the current pandemic crisis as an example.
As for political bias, compare the likely COVID response of an Abbott government against the Morrison and state governments in a country whose politicians are not fettered by a Bill of Rights:
"Vote Yes for fairer elections". How could anyone vote against that? Well, fortunately even the left wing states saw through the ruse of those "motherhood" words and voted it down. Only ACT voted for it with a slim majority. Most recognised that the proposed changes would have the exact opposite effect if approved.
To understand the scenario, this was back in the Bob Hawke days and followed on from his concerted attempts to bring in the Australia Card. The public regardless of political persuasion did not want the government to have such a centralised ID system. There were even penalties planned to be imposed on businesses that did not mandate it. When he failed to get the legislation through, he brought on a double dissolution, but that still did not give him control of the senate. So again he was unable to get it passed.
Following hot on from that, the next step he tried was the 1988 referendum which if voted in would have weakened the states powers and transferred them to the federal government ..... a step towards dictatorship. Having too much power focused in one organisation is always bad.
Here is the public booklet that summarises the four referendum questions. Most importantly for understanding, it contains the Yes/No arguments from each side.
Tonylee, would you vote against it then if it was put to the people, like maybe the right to Freedom, the right to Privacy, the right to defend yourself against a threat of harm, their are many more "Rights" we should have as well, would you vote against these few examples I have listed.
-- Edited by Bicyclecamper on Saturday 19th of June 2021 02:11:47 PM
"Vote Yes for fairer elections". How could anyone vote against that? Well, fortunately even the left wing states saw through the ruse of those "motherhood" words and voted it down. Only ACT voted for it with a slim majority. Most recognised that the proposed changes would have the exact opposite effect if approved.
To understand the scenario, this was back in the Bob Hawke days and followed on from his concerted attempts to bring in the Australia Card. The public regardless of political persuasion did not want the government to have such a centralised ID system. There were even penalties planned to be imposed on businesses that did not mandate it. When he failed to get the legislation through, he brought on a double dissolution, but that still did not give him control of the senate. So again he was unable to get it passed.
Following hot on from that, the next step he tried was the 1988 referendum which if voted in would have weakened the states powers and transferred them to the federal government ..... a step towards dictatorship. Having too much power focused in one organisation is always bad.
Here is the public booklet that summarises the four referendum questions. Most importantly for understanding, it contains the Yes/No arguments from each side.
Dorian, did you read the case for No? An absolutely essential part of our constitution is not to give ultimate power to the Federal government. As I said before, if too much power is centralised, it is always bad.
If it had been Howard who wanted to do it, and give the Liberals more power at a Federal level what would you have thought? The first bullet point in the No vote case would have then read "This proposal is an attempt by the Liberal Government to take control of State elections away from the States."
Regardless of opinions there must come a time when the constitution, from 1901, becomes a bit of a nonsense. Times have changed and those responsible for our constitution didn't possess a crystal ball that would tell them what the country would be like in 120 years. The covid situation has highlighted a number of examples. Who's responsible for quarantine and/or health? Under what circumstances can states close borders. Number of senators per state? (not a covid issue but!) etc etc etc. The high court has ruled on a family highlighted in the media over the last week. So do those laws need to be written in, or out, or clarified, in the constitution? Time for a complete review of the constitution. Now do we think our politicians can sit down and come up with a consensus on changes?
An absolutely essential part of our constitution is not to give ultimate power to the Federal government.
Despite the failings and inefficiencies of our state/federal system it virtually guarantees this country will never become a dictatorship and I agree AWL, I would never vote to dilute that distribution of power.
I have a deep mistrust of politicians and the machinery of government; I have never heard a politician say "We have too many laws and need to repeal some" - always the government, police and administration want *more* laws which mainly serve to restrict our freedom which is exactly why we need a bill of rights.
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Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland
One man, one vote is a fundamental tenet of any genuine democracy (or a dictatorship). The referendum question was a rhetorical one -- there was only one correct answer. You cannot spin it any other way. If the Australian public are too stupid to understand this basic principle, then why bother asking these same morons to vote on a bill of rights? Governments come and go, but the constitution is here to stay. The Queensland gerrymander was created by Labor, and later exploited by Joh, but the constitutional amendment would have benefited neither.
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"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full."
Regardless of opinions there must come a time when the constitution, from 1901, becomes a bit of a nonsense.
Absence of foresight, as not having a crystal ball, example is the USA's Second amendment. Essentially, and in the thinking of the day, the amendment gave citizens the right to join local Militia groups and carry the "arms" of the day, muskets.
A Bill of Rights would provide a higher order background to those drafting Legislation in this country and further allow the (Supreme) Court/s to ratify the application of Legislation. Legislation today is aimed at concrete descriptions of behaviours and that results in so many appeals to higher courts having the intent of the legislation confirmed in practice.
One inclusion in any Bill of Rights I would endorse would be for MPs to represent their constituents in Parliament rather than toeing some party line, that is, people first and political allegiances second.
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Iza
Semi-permanent state of being Recreationally Outraged as a defence against boredom during lockdown.
Regardless of politicians and their 'intent' it's the high court that will interpret that 'intent'. Regardless of the politicians 'intent' the lawyers will twist and manipulate their argument in such away that the politicians 'intent' will eventually fail. All laws need to be scrutinized by the devils advocate to find the loop holes. Until that is done any bill of rights or rewriting of the constitution will fail.
Funny thing. I've just read all of the links provided and found zero references to anything at all to do with changes to the relationship between federal and state powers.
Recognition of local government? Yes.
Anything to do with state or federal? Not a single word.
I guess facts don't really matter. Just blame Labor. It has worked in Australia for decades.
(and, thank you dorian)
Jim
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