Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Rewrite the entire Constitution

By Klaas Woldring - posted Monday, 6 November 2017


7. Makes no provision for the election of a diversity of representatives to the two Houses of Parliament, nationally and in the states. It hardly reflects a multicultural society.

8. Makes no provision for the appointment of Cabinet Ministers from outside the legislature, as is the case in most European countries and in the United States. As a result, Governments are frequently lacking in quality and expertise.

9. Does NOT state that the Government derives its authority from the people's sovereignty - the very essence of democracy - and that of a Republic.

Advertisement

10. Does not elaborate on the nature of popular and national sovereignty and does not provide guidance as to how, for instance, economic sovereignty is to be safeguarded and promoted in a globalised world.

11. Is embedded in several constitutional conventions (usages), which are open to a variety of interpretations. Conventions should ALL be codified for them to be widely accepted.

12. Parliamentary democracy, often praised in Australia as a positive constitutional feature, is in fact NOT protected in the Constitution.

13. The position of women and the issues of equality between the sexes and of gender in Australian society is not addressed anywhere in the Constitution.

14. Very few people are familiar with the Constitution. Most who study it find it a seriously flawed, archaic document and don't understand why we still have it. Most people have no sense of ownership of it.

15. It is practically impossible to amend the Constitution, due to the provisions of Section 128, the two-party system and the fact that only politicians can initiate constitutional amendments.

Advertisement

16. Many leaders in the corporate sector of Australia are rightly very disenchanted with this Constitution. The Corporation Power in Section 51 is, in practice, used mainly in respect of foreign corporations (with a few exceptions). The states regulate corporate affairs, with sometimes major differences between them, a costly and frustrating situation.

17. Neither the Constitution nor the Commonwealth Electoral Act, 1918 nor the Electoral Act of 1924 in reality provide for democratic elections.

18. The Constitution provides no express guarantee of a universal franchise.

THEREFORE, the time has come to give the often largely ineffectual piecemeal tinkering away. Rewriting the Constitution sounds like a major task, it is often said to be "impossible". Even if many would agree that this would be desirable how could that possibly be achieved?

First of all, the public debate has to be started. The media could play a major role here but have done very, very little about that to date. But there is more.

I think this is where the Governor-General could play a significant role. Although in practice this person performs largely symbolic tasks – by Convention – constitutionally the Governor-General could adopt the role of impasse breaker even in conjunction with the Queen of Australia. A black letter reading of the Constitution suggests that the powerful General Cosgrove could appoint a progressive committee of experts, excluding serving politicians, to draft a new Constitution for Australia, even a Republican Constitution! And this could be presented to the voters in term of a Section 128 amendment of the existing Constitution.

  1. Pages:
  2. 1
  3. Page 2
  4. All


Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

21 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Dr Klaas Woldring is a former Associate Professor of Southern Cross University.

Other articles by this Author

All articles by Klaas Woldring

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Klaas Woldring
Article Tools
Comment 21 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy