Saturday, December 13, 2008

IN RE: Proposed Australian Bill-Of-Rights

Having gone over the proposed, Australian, Bill Of Rights the following comments leapt our of my mind.
1. It appears to be written by attorneys for attorneys, and to insure that that group
of persons (Who produce nothing which can be eaten, worn, provide shelter or
give innocent pleasure) lose any income if it is enacted.
2. It fails (Like the Bill Of Rights in the USA) to define "religion" and exclude from
inclusion in that definition ideologies which encourage, solicit and command
physical attacks on humans outside each such ideology's membership.
3. Unless I missed it, it does not provide for each citizen's Natural Law right to
defend themselves and innocent others from dangerous, physical, attacks AND,
where the forces of government cannot provide instant protection from such
attacks, the full right to do so AND the means to enforce that right.
4. I fail to understand the separation of Article-7 and Article-8 and would welcome
some explanation of that action. (In any case and to avoid the errors of the
Canadian system, I would suggest the addition of some such wording as "No
person has any right to expect protection from intellectual attacks on his/her
religion or ideologies or political positions or any non-physical object by other
persons exercising their rights under this section.".)
5, Article-20 should include an exception for sentences (eg "At hard labour") imposed
by a court upon conviction of a crime.
6. Article-28should include the same provision forbidding retroactive civil penalties.
7. MOST IMPORTANTLY, AUSTRALIANS SHOULD INCLUDE SOME PROVISION FOR
THE LEGISLATIVE OVERTURNING OF SUPREME OR OTHER FEDERAL COURT
DECISIONS---PERHAPS BY A TWO-THIRDS VOTE OF ALL MEMBERS PRESENT
IN BOTH HOUSES OF PARLIAMENT. (This to keep the definition of "rights" within
the legislative branch, as has NOT been the case in the USA, and the gross
abuse of the law, generally, by the too-independent courts of Canada. This would do
much to relieve the concerns of those who fear the imposition of a god-like
judiciary.)

No comments: