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Location: Other Issues
Discussion: Enshrine our human rights in our "Constitution"
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Anonymous |
Enshrine our human rights in our "Constitution"
Mar 3 2008, 5:25 AM EST Most of our constitution deals with what rights and responsibilties our governments have and the legal rights of Corporations. Inferred/implicit rights are of no use to anyone except lawyers and Qc's when it comes time to argue in the courts on your own behalf. It's about time we had a constitution that explicitly outlines what human rights we have in this country. 24 out of 31 found this valuable. Do you? |
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Anonymous |
RE: Enshrine our human rights in our "Constitution"
Mar 8 2008, 5:34 AM EST I could not give a blank cheque endorsement to a bill of rights. It really does depend on what is in such a document. If it enshrines our right to free speech then I'm all for that. If it enshrines our right to publicly funded health care then I'm not interested. Rather than advocate a bill of rights or other similar rhetorical terms why not advocate the individual specific rights that you believe should be codified in the constitution. 5 out of 5 found this valuable. Do you? |
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Oralia Oralia |
RE: Enshrine our human rights in our "Constitution"
Apr 18 2008, 1:09 AM EDT Inferred/implicit rights are of great use, as the first anonymous postee notes. They are useful for the lawyers, and for the people in the justice system. If HRs were to be enshrined in the constitution, i think it would have a negative effect. We need something more flexible... But aside from the issue of whether or not they ought to go in the Con, i think the real issue is that there needs to be an increased awareness of HRs in Australia. What HRs we have access to isnt really an issue. It is what ones we dont. And this is what we need the public to become more aware of. THe fact is that views on HRs alter with time, and legisaltion is ill equiped to deal with change. What needs to happen, more so than a group of intellectuals sitting down, is that the ordinary people of australia need to be educated as to what our rights are. And this doesnt have to be done through the legal system. It can be done in the class room, through the papers and the media. With a knowledge of HRs, people will be better equipped to deal with any issues, for what is the use in creating another piece of paper by adding a clause to the Con or creating a Bill of Rights? 1 out of 1 found this valuable. Do you? |
 trgh |
RE: Enshrine our human rights in our "Constitution"
Apr 18 2008, 2:15 AM EDT This is an area we should tread really lightly, for if we accept that our human rights are given to us by our government, then in effect we may also be accepting (or inferring at least) that they have the right to also take them away. Our rights to life are NOT given to us by any man-made establishment, but are inherent to the fact that we do indeed exist - call it inalienable or call it "given by God", but whatever you call it, I think it could be dangerous to attempt to enshrine it in some legal document. However, having said all that, the American Declaration of Independence talks about inalienable rights so, perhaps, if we are very careful about how we word it so that it is in terms of recognition (not enactment) then perhaps we could do something. Tell me, what advantage do you think we would obtain from such a clause in our Constitution? Do you find this valuable? |
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Oralia Oralia |
RE: Enshrine our human rights in our "Constitution"
Apr 18 2008, 4:52 AM EDT Hello trgh (what a wierd user name.... is it symbolic for something?)... i believe there would be some benefits from putting such a clause in the Constitution, as it would comfort some people to believe that the laws of our land will look after them. Like you said, human rights are believed to be inalienable (as is stated in the United Nations Declaration on HRs) but it is the nation state which has the capacity to enact upon human rights. What's the good in saying human rights exist, if the governments of nations which are signatory to the declarations concerning HRs do not ratify them in their soveriegn states? Personally, i feel a HRs clause in our Constitution might be of some use, but ultimately, as i said before, i believe the real issue lies in educating the masses. If either of the first anonymous postees are still lurking, would either of you care to further your case? As your views have got me somewhat interested. Do you find this valuable? |
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trgh |
RE: Enshrine our human rights in our "Constitution"
Apr 18 2008, 6:15 AM EDT Oralia, I always look with extreme caution at proposals of modifications to the Constitution because even small - seemingly harmless adjustments can be the thin edge of the wedge allowing all sorts of subtle changes which, when combined over a long period could result in laws which people would never allow if they were presented in the one sitting. Sounds a bit paranoid when I read it back to myself, but I guess I don't trust power, and being a student of modern history merely confirms my reservations. The constitution, and indeed the Constitutional Monarchy & the Westminster system of government are relatively successful because the system purposely divides power and authority - being very aware that "Power corrupts, and absolute power corrupts absolutely" (Lord Acton) 0 out of 1 found this valuable. Do you? |