constitution in need of change.ppt

8/14/2019 Constitution in need of change.ppt

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Is the Constitution in need of change?What are some of the key arguments that is

not in need of change?The Australian Constitution works well and

there is no need to change any of it.

Critically assess this statement.


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Strengths

total concept of Federalism Judicial review is a key tenet of the federal system

and another direct copy from America. High Court..Rule of Law... Strengths seen in section

72

The British monarchy providing a stable force forgovernmentSeparation of powers


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Strengths

Although the powers of the Queen and theGovernor-General have since becomeambiguous, their offices are respectedinstitutions of Australia.

The Australian Constitution is written There is the chance to change the Constitution


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Strengths

The conventions of responsible government,adopted from Britains Westminster system,can be seen as a strength, as it allowsministers to be held accountable for theiractions, even though the Constitution doescontain such law.


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Strengths

The writers envisaged some situations thatcould cause trouble and provided answers

eg Double Dissolution [6] and Joint Sittings

[1] Bicameral parliament Served Australia well for over a centuryone

of the oldest continuous democracies in theworld

Stable democracy responsive to and

representative of the people


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Is the Constitution in need ofchange?

What are some of the key arguments that isin need of change?

Weaknesses?


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Weaknesses

1975 Constitutional Crisis Section 53

Proposed laws appropriating revenue ormoneys, or imposing taxation, shall notoriginate in the Senate.

Senate may not amend proposed lawsimposing taxation, or proposed lawsappropriating revenue or moneys for theordinary annual services of the Government


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Bill of Rights

s 41 the right to vote; s 51(xxxi) the right not to have the

Commonwealth acquire property, except on just terms;

s 80 the right to trial by jury;

s 116 the right to freedom of religion;


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1996 Albert Langer imprisoned for 10 weeks fordistributing leaflets encouraging voters to putthe candidates of the ALP and the Coalition

equal last Stolen Generation ..In 1997 The Bringing

them Home Commission reported that as

many as 1 in 3 aboriginal children wereforcibly removed from their homes in theperiod 1910 to 1970


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Ambiguous wording in some sections

Section 62

There shall be a Federal Executive Council toadvise the Governor-General in theGovernment of the Commonwealth, and themembers of the Council shall be chosen andsummoned by the Governor-General andsworn as Executive Councillors, and shall holdoffice during his pleasure


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Out of touch

Established by men of property and norepresentation of women nor indigenouspeople and thus out of touch in todays C 21society

It is totally in the language of the latenineteenth century


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Referenda

Include a responsible method by which thepeople can propose amendments to theConstitution and amend it by referendum

Too hard to pass a referenda question..s128 Citizens Initiated Referenda as a possible

answer


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Specific problems

Section 44 ss 4 again and indeed it can be agood point for analysis...... any person who...holds an office of profit under the crown.....shall be incapable of being chosen orsitting as a senator or member of the house ofrepresentatives


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Another way of thinking

Consider the alternative as exists in Americawith a different definition of separation ofpowers


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Outdated?

Section 51 part 6 is to some peoplesymptomatic of the antiquated nature of thetotal document.....refers to the navy andmilitary defence of the Commonwealth.... andnot the air force

Some would see section 68 as outdated as seeand typical of the document....... the commandof the naval and military forces is vested in theGovernor General


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Under section 53 of the Constitution, theSenate does not have the power to initiate oramend a supply bill, yet nor does it have theobligation to pass such a Bill ..this is seen as akey part of the 1975 Constitutional Crisis.


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No mention of.

No mention of neither the Prime Minister norpolitical parties

No mention of local government..did try thisone in the 1988 referenda..it got about 35%support


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One argument runs that the Con.

Needs some reference to indigenous peoplesin the preamble a matter for a futurereferenda.perhaps the near future


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The Act is incomplete.[WA \.

..whereas the people of New South Wales, V,S, Q and T ..have agrees to unite..

constitution in need of change.ppt

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