A Conversation for Constititional Interpretation in Australia
The constitution as an evolving document.
Little Bear Started conversation May 30, 2001
One of the things I find interesting about the Australian Constitution is how its interpretation has evolved over the last 100 years, and the High Courts role in this evolution. The constitution of a country should tell a story of what that nation stands for, it is meant to be far more than just another legal document. I guess that was why there was why the Australian people overwhelmingly rejected the proposed preface or introduction at the last referendum. A preface written by a conservative politician and edited by an even more conservative australian poet was not in step with a modern Australian society. Anyway thats my two bobs worth, I'd be interested to here people feedback on this issue.
The constitution as an evolving document.
Almighty Rob - mourning the old h2g2 Posted May 31, 2001
The Australian constitution is often described as a nuts and bolts document. It was intended purely to sort out the practical aspects of Federation. Remember that at the time Australian identity was merely a shadow of Britain - we didn't have a revolutionary war to make us feel special.
The constitution as an evolving document.
Little Bear Posted Jun 9, 2001
The fact that our nation was the result of a democratic process and not a civil war is one of the things that makes us a unique country. I am not sure of any other country that can claim a heritage even remotely similar to that of Australia's.
It is also true however that this fact shaped the way our constitution was drafted. It is perhaps the reason why we have never felt the need for a bill of rights, as we have taken for granted the fact that we are all entitled to certain inherent freedoms.
It was interesting to see this week that the topic of New Zealnad joining Australia or vice versa was again raised by a N.Z politician. Funny to think that something that was considered a posibility over a hundred years ago is still as controversial as ever.
The constitution as an evolving document.
Almighty Rob - mourning the old h2g2 Posted Jun 11, 2001
I agree. The greatest thing about the Australian constitution is that it was never intended to define our character: There is no rambling preamble intended to fostern nationalist pride. It's got a job to do, and that's all it was drafted for.
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The constitution as an evolving document.
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