Read e-book online A New Constitution for Australia (Australian) PDF

By Harris

ISBN-10: 1876905069

ISBN-13: 9781876905064

The final hundred years have noticeable many social adjustments in Australia. the various shortcomings in Australias structure were exposed,leading to the present debate on an Australian republic.

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One would hope that, in time, a new Constitution would itself become part of our traditions, and would draw strength from that fact. That having been said, there is no merit in constitutional change for its own sake. Current institutions which accord with constitutional principle, and which work effectively, should be retained. It is only where a constitutional rule or institution is defective, or could be improved by alteration, that change is warranted. Finally, even setting aside changes required to the substance of the Constitution, I would argue that we need a new Constitution because the current one is written in language which is archaic, uninspiring and difficult to understand.

I also argue later in this chapter that a Bill of Rights should also bind private actors). Some might argue that extending the each of a Bill of Rights to the States would disrupt the federal balance by further restricting the powers of State governments. While it is undoubtedly true that the scope of action of State governments would be constrained by a Bill of Rights in a way that it is not at the moment, this would not mean that the federal government’s power vis-à-vis the States would be enhanced: the federal government itself would be constrained by the Bill of Rights to the same extent as State governments, and so their powers relative to each other would not be affected.

His dignity lies precisely in that position which elevates him above the position of those entities which are mere things. What actually happens is that every human being recognises on the level of practice the dignity of mankind in each human individual, and along with that recognition comes the duty to express respect and reverence for every human being. Kant identified equality as a crucial link in the chain from the ‘is’ (the individual has a quality—dignity—which derives from his uniqueness as an autonomous being endowed with free will), to the ‘ought’ (the individual should be guaranteed rights to prevent interference with that autonomy).

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A New Constitution for Australia (Australian) by Harris


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