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The Forum > Article Comments > Australia's Constitution: the referenda we need to have > Comments

Australia's Constitution: the referenda we need to have : Comments

By Brendan O'Reilly, published 3/11/2017

Parts of Australia's Constitution clearly are either inappropriate, out-of-date or simply don't work.

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Foxy is correct that it makes little sense. Also that the current constitutional clause might have results that its drafters did not expect.

Surely this is far from the first or last time that legal drafters' efforts have resulted in unexpected interpretations.

I have in mind, for example, the possible multiple interpretations of USA's citizens' "right to bear arms".

The question is not whether to comply with the constitution, or even who interprets it (ie High Court of Australia). Ignoring the law is not going to solve anything. Non-compliance is not an option.

That leaves only the matter of changes to the constitution - if, what, how and when.
Posted by SingletonEngineer, Friday, 3 November 2017 11:07:18 AM
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I couldn't disagree more.

Instead of trying to make it easier for boat people & other recent blow ins to alter Australia to something more like the hell holes they fled, if they can be believed, we should be making it a damn sight harder.

First citizenship should be restricted to only those, [& their children], who can demonstrate 5 years of productive work, including tax payer records, before any consideration can be given. It should only be available to those who renounce any other citizenship prior to being granted.

Eligibility for election to any level of government should be restricted to native born Australians, who are eligible for only the Australian passport.

Why anyone would want to let these recent arrivals alter our laws or constitution I really can't imagine.
Posted by Hasbeen, Friday, 3 November 2017 11:53:20 AM
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Hasbeen,

Well said, although I think the true villians for change are the bad Australians of the Left, with the exception of Muslims, of course.
Posted by ttbn, Friday, 3 November 2017 12:06:56 PM
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Perhaps all that is necessary to be done is an
amendment clause that lawyers could work out
included in Section 44i of
the Constitution so that we don't have these
problems in the future of disrupting our
parliament from doing its job - governing.
And prevent any attempts at political gains being
sought by unfair and self-serving means.
Posted by Foxy, Friday, 3 November 2017 12:24:58 PM
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"...these problems in the future of disrupting our parliament from doing its job - governing"

You must be referring to the preoccupation with Gay marriage that has wasted so much parliamentary time for years and thanks mainly to the ABC. While 'wicked' problems like those 'Struggle Streets' and the effects of too rapid population growth through over-enthusiastic immigration are forgotten.

Anyone who risks an eight year term for Senators is crazy.

No-one is going to trust any of the present lot in Canberra to be fooling around with the Constitution. Particularly where some federal politicians were less concerned with eligibility requirements, contemptuous even, than they obviously are with getting the maximum out of their entitlements.

It is usually where politicians get pulled up for abusing travel and gifts that they plead ignorance.

What about they sort that complex tax law as a matter of urgency? Nope, Xmas break is coming and the study tours to overseas tourist spots are being planned.
Posted by leoj, Friday, 3 November 2017 12:54:10 PM
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Hi all,

I am of the view that any further attempts to amend individual clauses are futile and that there is so much wrong with this archaic Constitution that Australians should seriously consider the idea that the entire Constitution needs to be rewritten. This should be done by a group of independent people, excluding serving politicians, especially those of the major political parties.
I'll submit an article that explains the reasons for recommending a complete rewrite.

klaasvaak
Posted by klaasvaak, Friday, 3 November 2017 12:54:12 PM
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