Australian Constitution Needs to be updated.

It is quite obvious that the Australian Constitution was compiled to suit the British Parliament and induce it to give Australia a nominal sense of self-government. It is written to ensure that we have a minimum capability to modify and amend the constitution to best suit our evolution as an independent, sovereign state. For example, the constitution is mainly about The State rights and has little reference to the citizen rights. It divides the country from the word go and ensures that we have not one government but seven, which ensures that we can never have a real consensus between the seven levels of government to obtain what is best for the country, e.g. the present in ability to legislate to obtain a health scheme which will serve the whole country because each state wants to ensure that it gets the maximum even though they have all proven that they are incapable of coming up with a scheme that would make their own health systems work.

Furthermore, it ensures that we have a colonial powers’ head of state as our head of state which, no matter how you look at it, means that we are still virtually a colony. I know that the monarchists talk about how the “ diggers “ fought for the Queen/King and country, but this is because no other alternative was available at that time. I’d bet my life on the fact that if the English monarchy were to try to impose its will on Australia again, there would not be too many ex-diggers out the fighting against our government, irrespective of what persuasion it may be, to prop up the will of the Queen. The “diggers” were fighting for Australia. They would have fought, regardless of what government was in power. Australia was what was important not monarchs or governments. This can be seen where in countries such as Russia the people fought most fiercely to defend their country against the Nazis, even though a great many did not approve of the communist government of Stalin.

The first thing that we need to do on the way to establishing our nation-hood is to get rid of the states and have one government responsible for the running of the country together with our own national Governor/ President, head of state

The second thing that is necessary to have reformed on our way to nation-hood, would be to reform the parliament to obtain a more democratic system more in line with the British parliament. When we adopted the near British parliamentary system we overlooked one of the main protections to of democracy which exists in the British parliament, the British parliament has a House of Review (The House of Lords), it is a real house of review, it can not deny the elected government the means to govern i.e. it can not deny the elected government access to the finances necessary to govern, nor has it the power to even delay any financial bills. The House of Lords acts as a real house of review, it can delay a bill and send it back to the Commons for reconsideration, I believe it can do this twice. However, if the elected government decides to resubmit the bill for a third time it is decided on the majority vote in the Commons and is passed. This is democracy at work. Our system is a joke, i.e. the continuous thwarting of the elected government in the Senate where the rejection is accomplished on the vote of Senators of somewhat dubious quality representing a few hundred people on the electoral roll.

The present situation is ridiculous where we have an elected government which can not pass its legislation because of a hostile house of review, this is not the function of a house of review, it is just a ploy by the opposition to get back into power by fair means or foul without regard for the intentions of the electorate.

Our parliamentary system is supposed to be based on the British system but I can assure you that there is no way that you could induce the British electorate to modify their system to match ours, they are not that stupid. It is no wonder that many still consider Australia as a colony together with many other nations that would certainly never accept another countries head of state as theirs’.

The constitution as it stands does allow for it to be changed by having a referendum; however, this is also made as hard as possible. The result of the referendum requires, not only the majority of people to vote for it to be passed but there must also be a majority of states vote for it. This is once again a travesty of the understanding of democracy, under this requirement it is possible to have the big states want to accept the changes but have a couple of the small states want to reject the changes and as a consequence many millions of voters may be thwarted by several hundreds of thousands, hardly democratic!

If we do eventually manage to get the constitution changed to be more citizen friendly and protective of our democracy, we could then push on to obtain recognition and protection of citizen rights. We could start by enshrining the right to freedom of speech, nation wide secular education curriculum, freedom of choice for things such as euthanasia, single sex marriage and other things that are interfered with by governments based on their religious beliefs rather than individual rights

Now that so many of us are no longer believers in any gods and not at all impressed by any of the religion, and also that those that are believers in gods are not of Christian belief, we should work to ensure that the laws of the land are based on justice and legal and psychological grounds not religious beliefs that have not any real substance.

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1 Response to Australian Constitution Needs to be updated.

  1. Geoff Patch says:

    Hi John,

    it’s been quite a while since I had a look at your writing, so I thought it was time to have another refreshing update of free thinking. 🙂

    I read your article about the constitution after returning from a trip to Port Douglas in North Queensland. The people who live there are governed by people in Brisbane who live over 1200 km away, I had a number of conversations with local people, and was struck by the resentment that they felt about decisions being made that affected their lives and livelihoods, when the decisions were made by people who were so removed from them. My parents, who live in northern NSW, feel the same about the state government in Sydney.

    This reinforced my view that a great improvement could be made to this country by getting rid of the small minded, petty, greedy, self-interested and generally corrupt scum who make up the majority of the state governments. I was struck therefore, when I saw you express the same view in your blog post.

    What we need is a single federal government that implements programs of national interest in areas such as health, education, transport and defence etc. I went to school in 3 different states and the ACT, and the curriculum differences severely affected my education, so I speak from personal experience.

    Then, at the local level, we just need reasonably sized non-political regional administrative areas that provide day to day operation of services like garbage collection, road maintenance etc. I say non-political, because I see no reason why (like in the ACT for example), the people who are responsible for things like getting the garbage collected are arranged on party political line. What does that achieve apart from a lot of noise, and not much signal?

    Imagine having a single Australian drivers licence instead of a state licence, a single educational curriculum, a single rail gauge, a single Australian legal system etc. The benefits of standardisation and removal of duplication of effort would be enormous!

    Anyway, I’m sorry it’s been so long since I last visited here. It’s been very refreshing to read your thoughts and know that I’m not the only person in the country who thinks these things.



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