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Continuing our efforts on some fundamental aspects of our 'Model Constitution', the idea this month is to examine the question of whether or not our Constitution should include some basic laws of the society.
It has been suggested that, by including some basic laws in the Constitution, not only do we establish the sort of society in which we want to live, we remove the need for a lot of legislation and prevent politicians from arbitrarily changing the basic tenets of our society.
The following is one idea of how such provisions might be incorporated into our 'Model Constitution'.
This Constitution requires all Citizens to live in harmony with other Citizens and organisations in the society; and to make use of their abilities to contribute to achieving the goals of society.
Disputes between Citizens and between organisations are to be resolved through a process of negotiation, mediation and finally the courts as provided by statute law.
The Basic Laws of Australian Society are:
a. Thou shalt not kill except as provided for by law.
b. Thou shalt not commit violence of any sort against another person except in self-defence, defence of family, defence of home and property and defence of Nation and society.
c. Thou shalt not steal or misappropriate the money or property of another person.
d. Thou shalt not betray(1) the Nation.
e. Thou shalt not profiteer(2).
f. Only Australian Citizens and Australian organisations can acquire allodial title to any part of Australia.
The Parliament shall set minimum and maximum punishments for offences against these laws and for offences against
Statutes(3).
(1) "Betray' means conduct or be a party to espionage including industrial espionage and any other activity contrary to the interests of Australian society.
(2) 'Profiteer' means to make or seek to make excessive profits from the needs of others.
(3) This provision specifying minimum and maximum punishments aims to improve on current practice of only setting maximum penalties.
Or perhaps you would prefer that the basic laws of our society should be expressed as in the following.
Respect for the individual:
a) Respect for the life, person, integrity and property of the individual will be a guiding principle of Australian life.
b) Violence against individuals is only permissible in response to a clear threat to person or property, or in defence of the nation and its laws.
c) If conflict arises between the rights of the individual as specified and qualified in this Constitution, and the powers of government, the rights of the individual will prevail.
Fairness:
a) Economic relationships between individuals, corporations and governments should be based on principles of fairness, of a just reward for effort and investment, the avoidance of theft, misappropriation or profiteering, and the equitable sharing of burdens.
b) Society as a whole has a responsibility to help those who are in need through no fault of their own. There is a special social responsibility towards children, the handicapped and the aged.
Sovereignty of the People:
a) Sovereignty over Australia and its government institutions belongs to the people, and all Australians have the right to share in the democratic control of the institutions established under this Constitution.
b) Only Australian individuals, corporations and governments may hold freehold land title over any part of Australia.
c) Australians have a duty to support and defend the People’s sovereignty over Australia, and to avoid any conduct that may damage the national interest.
TASK FIVE
THE BASIC LAWS OF SOCIETY
The Task for this month is to study the above drafts and to determine whether, in your opinion, the inclusion of such passages in our Constitution would make for a better society.
If your decision is that these provisions should be in the 'Model Constitution', then make a selection and recommend any changes, deletions or additions you see fit. This could well include a complete rewrite.
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