Nexus - 0106 - New Times Magazine-pages

Page Content (OCR)

Constitution? What Dean Winter What Constitution? How does it work? Where is it taking us? A ustralla and New Zealand are now “Bearing in mind that the rationale and | should be defined as; Dean Winter the only parllamentary democra- essential function of trial by jury is the protec- | «All people bom in Australia. cies with almost no constitutlonal | tion of the individual against the authority of | + All natural born or adopted children of an Imitations on excesses of power by govern- | the government, against administrators who | Australian citizen. ments over individuals. For many years | "ightseekto subvertthe due processesoflaw | - All naturalised Australians. indlvldual rights and freedoms have given | ©F be over-zealous in its enforcement, and way to government pollcles and adminis- | #84inst Judges remote from ordinary life or But the Commission itself has decided trative convenience, over-responsive to authority. [f the right to against this definition; The Australian Constitution deals mainly trial by jury is sufficiently importantto require “While citizenship is an important matter, with the structure and powers of government. Constitutional protection, then unless the | we donot think itis something that is suitably There is no comprehensive statement of Constitution is to be mocked the protection | conferred and protected by one relatively Constitutional rights and freedoms.as found in | Must be complete,” short Constitutional provision...” They rec- similar constitutions, such as those of India, - First Report of the Constitutional | ommend that the government should be able West Germany, the USA or the Canadian Commission | to formulate laws on citizenship. At the Charter of Rights and Freedoms. Rights and Freedoms moment they can only make laws about natu- Those who framed our Constitution at the ralisation and ‘aliens’; the Constitution end of last century preferred to follow British There are other guaranteed rights and free- | doesn’t define who is eligible for citizenship, tradition, which reliedon the self-restraintand | doms which the Commission recommends - | and any future government could change democratic spirit of its parliament to safe- | freedom of conscience and religion, freedom | Whom a citizen (and non-citizen) is at will. guard individual freedom. They felt that to | of thought, belief and opinion, freedom of The Commission recommends that the define the rights of Australians would be an | expression, freedom of peaceful assembly, | Constitution be altered so that the members of insult to Australian civilization. freedom of association - and all the others we | each house of a State Parliament be chosen There ts no Constitutional guarantee of | take for granted, like freedom of ovement, | directly by popular vote and not by indirect fair. compensation If your property Is re- | rights if arrested, and fair compensation for | means such as by Parliament, Executive sumed by a State government, and there | resumed property. Government or an Electoral College (such as are no ouarantees to the rights to vote. to Thev also recommend thatthe vrincivleof | in the U.S.), We do of course directly elect all VV LIAL TCULISLILULIVII. How does it work? Where is it taking us? A ustralla and New Zealand are now “Bearing in mind that the rationale and | should be defined as; Dean Winter the only parllamentary democra- essential function of trial by jury is the protec- | «All people bom in Australia. cies with almost no constitutlonal | tion of the individual against the authority of | + All natural born or adopted children of an Imitations on excesses of power by govern- | the government, against administrators who | Australian citizen. ments over individuals. For many years | "ightseekto subvertthe due processesoflaw | - All naturalised Australians. indlvldual rights and freedoms have given | ©F be over-zealous in its enforcement, and way to government pollcles and adminis- | #84inst Judges remote from ordinary life or But the Commission itself has decided trative convenience. over-responsive to authority. [f the right to | sgainst this definition; The Australian Constitution deals mainly | ‘ial by jury is sufficiently importantto require “While citizenship is an important matter, with the structure and powers of government, | Constitutional protection, then unless the | we donot think itis something that is suitably There is no comprehensive statement of Constitution is to be mocked the protection | conferred and protected by one relatively Constitutional rights and freedoms.as found in | Must be complete.” — short Constitutional provision...” They rec- similar constitutions, such as those of India, - First Report of the Constitutional | ommend that the government should be able West Germany, the USA or the Canadian Commission | to formulate laws on citizenship. At the Charter of Rights and Freedoms. Rights and Freedoms moment they can only make laws about natu- Those who framed our Constitution at the ralisation and ‘aliens’; the Constitution end of last century preferred to follow British There are other guaranteed rights and free- | doesn’t define who is eligible for citizenship, tradition, which reliedon the self-restraintand | doms which the Commission recommends - | and any future government could change democratic spirit of its parliament to safe- | freedom of conscience and religion, freedom | Whom a citizen (and non-citizen) is at will. guard individual freedom. They felt that to | of thought, belief and opinion, freedom of The Commission recommends that the define the rights of Australians would be an | expression, freedom of peaceful assembly, | Constitution be altered so that the members of insult to Australian civilization. freedom of association - and all the others we | each house of a State Parliament be chosen There is no Constitutional guarantee of | take for granted, like freedom of movement, | directly by popular vote and not by indirect fair. compensation If your property Is re- | rights if arrested, and fair compensation for | means such as by Parliament, Executive sumed by a State government, and there | resumed property. Government or an Electoral College (such as are no guarantees to the rights to vote, to They alsorecommend thatthe principleof | in the U.S.), We do of course directly electall free speech, nor even the right to trial by | one vote one value be adopted for all Federal, | State parliaments at present, but under the jury (except for a Federal offence). State and Territoriul elections. This involves | Constitution it could be legally possible for a The Constitutional Commission - a body | each member of the legislature representing | State Government to elect itself! set up to report on revising the Australian | roughly the same number of electors (with Constitution - has recommended that the right | 10% tolerance). People Po wer to vote be recognised as a basic democratic The Individual and Democratic Rights right that should be given Constitutional pro- | Committee (including Peter Garrett), one of | The last recommendation of the Individual tection in Federal, State and Territorial elec- | five committees set up by the Commission, | and Democratic Rights Committee is very tions. Likewise for trial by jury; has recommended that the status of ‘citizen’ | important; “The Commission received a number of submissions from a surprisingly wide range of people arguing that the process of initiating amendment of the Constitution by referen- dum should be placed in the hands of the people and not monopolised by governments. This process is commonly referred to as ‘citi- zens’ initiative’ or ‘direct democracy.’” If a large section of the population (i.e. 500,000 voters) sign a petition for a constitu- tional change, that change would be submitted to a referendum - the people could decide contentious issues directly. Opposition to this : Erie an : A ' ide stly from politicians. One argu- Yamamocoon? (0 crac, See eee d aia G HUM Se TN EAE SLE + LIFE abused by special interest groups; but these biel Bar teak. NOOO an can’t succeed at a referendum unless there is Pret thw iS TAT xe broad-based consensus. LAWS TO COPE WITH ANY This proposal was completely ignored by SOCIAL OR EVOLUTIONARY Bs a op a | CHANGE IN THE FUTURE ev entioned ations. uw wu VV DOL the only parllamentary democra- essential function of trial by jury is the protec- | «All people bom in Australia. cles with almost no constitutlonal | ton of the individual against the authority of | All natural born or adopted children of an Imitations on excesses of power by govern- | the government, against administrators who | Australian citizen. ments over individuals. For many years | "ightseekto subvertthe due processesoflaw | - All naturalised Australians. indlvldual rights and freedoms have given | ©F be over-zealous in its enforcement, and A ustralla and New Zealand are now “Bearing in mind that the rationale and | should be defined as; way to government pollcles and adminis- | #84inst Judges remote from ordinary life or But the Commission itself has decided trative convenience, over-responsive to authority. [f the right to against this definition; The Australian Constitution deals mainly | ‘ial by jury is sufficiently importantto require “While citizenship is an important matter, with the structure and powers of government, | Constitutional protection, then unless the | we donot think itis something that is suitably There is no comprehensive statement of Constitution is to be mocked the protection | conferred and protected by one relatively Constitutional rights and freedoms.as found in | Must be complete,” short Constitutional provision...” They rec- similar constitutions, such as those of India, - First Report of the Constitutional | ommend that the government should be able West Germany, the USA or the Canadian Commission | to formulate laws on citizenship. At the Charter of Rights and Freedoms. Rights and Freedoms moment they can only make laws about natu- Those who framed our Constitution at the ralisation and ‘aliens’; the Constitution end of last century preferred to follow British There are other guaranteed rights and free- | doesn’t define who is eligible for citizenship, tradition, which reliedon the self-restraintand | doms which the Commission recommends - | and any future government could change democratic spirit of its parliament to safe- | freedom of conscience and religion, freedom | Whom a citizen (and non-citizen) is at will. guard individual freedom. They felt that to | of thought, belief and opinion, freedom of The Commission recommends that the define the rights of Australians would be an | expression, freedom of peaceful assembly, | Constitution be altered so that the members of insult to Australian civilization. freedom of association - and all the others we | each house of a State Parliament be chosen There ts no Constitutional guarantee of | take for granted, like freedom of ovement, | directly by popular vote and not by indirect fair. compensation If your property Is re- | rights if arrested, and fair compensation for | means such as by Parliament, Executive sumed by a State government, and there | resumed property. Government or an Electoral College (such as are no guarantees to the righits to vote, to They alsorecommend thatthe principle of | in the U-S.), We do of course directly elect all free speech, nor even the right to trial by | one vote one value be adopted for all Federal, | State parliaments at present, but under the jury (except for a Federal offence). State and Territoriul elections. This involves | Constitution it could be legally possible for a The Constitutional Commission - a body | each member of the legislature representing | State Government to elect itself! set up to report on revising the Australian | roughly the same number of electors (with Constitution - has recommended that the right | 10% tolerance). People Po wer to vote be recognised as a basic democratic The Individual and Democratic Rights right that should be given Constitutional pro- | Committee (including Peter Garrett), one of | The last recommendation of the Individual tection in Federal, State and Territorial elec- | five committees set up by the Commission, | and Democratic Rights Committee is very tions. Likewise for trial by jury; has recommended that the status of ‘citizen’ | important; “The Commission received a number of submissions froma surprisingly wide range of people arguing that the process of initiating amendment of the Constitution by referen- dum should be placed in the hands of the people and not monopolised by governments. This process is commonly referred to as ‘citi- zens’ initiative’ or ‘direct democracy.’” If a large section of the population (i.e. 500,000 voters) sign a petition for a constitu- tional change, that change would be submitted to a referendum - the people could decide contentious issues directly. Opposition to this ZZ <—__ Z Ss S . idea comes mostly from politicians. One argu- Y AEAMIOUS LAWS OF DEMOCRACY (a ment against the proposal is that it would be abused by special interest groups; but these biel Bar TUTION can’t succeed at a referendum unless there is broad-based consensus. LAWS TO, COPE wir ANyT : This proposal was completely ignored by TH y ite. oF Pee FUTURE the Constitutional Commission and was not even mentioned in its recommendations. How does it work? Where is it taking us? People Power 14 NEXUS New Times Six - Spring 1988