cam . # .

Rights refereeing: Great post avocadia. This is right in line with the tradition of Pemulwey and Lingiari of stamping your foot in the ground and claiming your rights and liberties. Previously I had thought that the Australian Constitution should be composed of two parts, a meta-tution and constitution. Where the metatution was an enunciation of defensible rights (limits on government action/legislation) and the constitution component was the process of government in explicit language.

The problem is having a defensible enunciation of rights doesn\'t necessarily protect the individual from both legislation and execution of laws. The Prime Minister, as overseer and executor of laws, can jump outside legislation to contravene an individuals rights. The Governor-General can protect us from legislation being passed that contravenes our rights, but the judicial has to stop the Executive Cabinet from executing laws/actions/tyranny.

Consequently I think the metatution needs to be in two parts, one a deceleration of rights, liberties and individual sovereignty. Which is what you have written in your posts on an Australian Bill of Rights. Rather than language on the limits of government (as the US Bill of Rights is), it is a deceleration of your rights as an individual. I think this deceleration is easier for the Judicial to defend. Consequently it should be included in a metatution.

The legislative side though will need more US Bill of Rights like explicit language for the Governor-General to be able to defend our rights with the veto. So here is a go at that part of it, using avocadia\'s enunciation of rights. The constitutional legislation is in blockquotes;

Definitions;

Elector - A citizen of Australia, or an individual within the jurisdiction of Australia who is above the age of majority.

Individual - An citizen of Australia, or an individual within the jurisdiction of Australia, or if I am an individual held by, or in the charge of any individual, group or organisation that is a citizen of Australia, incorporated within Australia, trades within Australia, or is commanded by the Australian government.

Secret Ballot - An election held where all ballot sheets are uniform in shape, colour, size and printing; and where the elector\'s ballot is anonymous.

Limits on Government Authority

Parliament shall make no law; the Governor-General shall pass no law; that,

1. Freedom
   1. deprives an individual of life.
   2. limits or deprives an individuals freedom to express their beliefs, opinions or lifestyle.
   3. limits or deprives an individuals freedom of movement.
   4. limits or deprives an individuals freedom of association.
   5. limits or deprives an individuals freedom to peacefully assemble with other individuals.
2. Liberty
   1. detains an individual indefinitely without charge for a specific crime.
   2. limits or removes an individuals right to have counsel with them upon arrest or questioning.
   3. limits or removes an individuals right to a writ of habeous corpus upon detention.
   4. back-dates punitive measures for an offence.
   5. permits an individual to be detained for long than six months without trial or resolution.
   6. enabling an individual to be tried for an offence more than once.
   7. limits or removes an individuals right to refuse law enforcement access to their property, or permission to search their person and property, unless there is a warrant issued to search specific property for evidence of a specific crime.
   8. limits, reduces or removes an individuals right to own property.
   9. deprives the individual of property, or devalues an individuals property without fair exchange or consent.
3. Equity
   1. discriminates against an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
   2. limits or removes equal treatment under the law for an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
   3. limits or removes access to government services for an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
   4. limits or removes an individuals choice to divulge no information other than their identity, verbally, when under suspicion from law enforcement for a specific crime.
4. Democracy
   1. disenfranchises an Elector.
   2. denies an Elector representation.
   3. denies an Elector the ability to run for election.
   4. reduces or removes an individual the ability to petition their representative for a redress of grievances.
   5. abolishes the Secret Ballot.
   6. increases the period between elections beyond eight years.
   7. criminalises, or outlaws a political party.
   8. removes access to the Public Service for parties with elected parliamentary members.
   9. limits or deprives an individuals right to peacefully protest.

The not denying an elector the right to run for election is deliberate. With the definition of elector (not just Australian citizens), this would allow those that are completely disenfranchised - and without a means to have their grievances redressed - to have their issue focused upon in an election. I would love to see Peter Qasim run for government and get 5% of the vote. It might even prompt the Government into action.

I also split them up into Freedom, Liberty, Equity; in that order. I think those words have to become omnipresent in government so they seep into Australian culture and politics as the basis for our polity. Fraternity is the other word that has to become omnipresent, but it didn\'t fit in this context.

6.1 \"I have the right not to be unlawfully detained.\" poses a problem for having the GG defend it. It is about execution, rather than a law defining who/what/where it can be executed. The GG as a rights referee can only defend from legislative tyranny, not execution/action of the PM/Cabinet acting in such a manner. That becomes the domain of the Judicial then.

cam