I'm currently doing a research and would like to enquire on whether or not the Australian Constitution is outdated in your opinion. If so, do give me valid reasons for your opinion. Thanks a lot!

-Kenneth Chaw-

Basically, Yes !

In the way that most Constitutions become out of date the moment they become operative, simply because they are compromised in their formation by the paranoia of the prospective parties about rights, relative position, power sharing and authority over amendment processes.

Australia is a Federation of States, which retain their identity today in the face of tremendous pressure to become "One Nation".....

The States or Colonies would never have voted to adopt the Constitution had it been in more futuristic form, but the time has long since come when we need to regard what we know as States to be simply convenient geographic regionalisation elements in what needs to become a single national community.

Most State responsibilites tend to be in the nature of service delivery. Health, education, local infrastructure and law enforcement activities in the various States are not sufficiently different one from another that they should be seen as beyond the reach of national co-ordination on a path to establishing a single societal mode for each.

Then maybe we could take our place as a street in the global village .......

Hey DRW, I really appreciate your opinion. Thanks a lot! I would also like to enquire even further, if you don't mind on whether or not a Republic structure of government should be encouraged to tackle the outdated Australian Constitution. What do you think? In other words, would you be for or against Australian Republicanism? Thanks again!

-Kenneth Chaw-

ken, i believe you should always regard political theory with one eye on reality: it's about power. not social welfare, not justice, not efficiency, just naked power- who's got it, how much, how exercised.

the australian constitution is a pathetic document. oz judges have imagined all kinds of things to be there, which simply aren't there. their reasons i cannot explain for certain, although judicial prestige and power would be the common theme, for my best guess.

is it outdated? yes, simply because real power has shifted from the states to the federal government. by allowing the federal government the power to collect the lucrative taxes, the states are much weaker than when they entered the bargain.

should we become a republic? no. oz pollies are much too powerful already, we are drifting into fascism. the current constitution puts over the pollies the power of the governor general, to force election. it is the only protection in law that we have from dictatorship. it is a very frail reed indeed, as the pollies have nobbled the gg's power almost entirely. still, kerr showed that it exists and might be used.

i argue in this site for democracy: direct election of ministers, citizen initiated referenda, and public execution of public affairs. until we have these powers, a republic would be slightly more dangerous than the current polity. that's too dangerous.

Dear Ken
for the high quality of political/social consultation here at OLO, could you advise us on where to send the invoice ?:)

I've got a question for you Ken.. what are ur feelings about how multiculturalism should be practically implemented in Australia ?

cheers

The current Australian Constitution was drafted by a select group of colonial men in the late 19th century who were intent on a federal system within the British Emopire where many powers would remain with the self-governing colonies (now States)but selected powers would go to the new Commonwealth Government and which system would be difficult to alter by national referendum. But circumsdtances have changed greatly since then, firstly by gradual acquisition of Australian national independence, secondly by a major transfer of power from the States to the Commonwealth through High Court interpretation and the central control of most government finances, and thirdly and lastly by developing global interdependence and the extension of international law and institutions. The Constitution has served Australia well and given it stable government but there is no doubt that it now needs major overhaul. Issues include the continuance of the British monarchy or change to some other system, the continuance of the federal system or some other system of decentralization, cooperation between different levels of government, intergovernmental financial relations, the effect of international relations and international law including regionalisation, international human rights and responsibilities and international peace issues, responsibility for the environment, water, resources, energy, indigenous rights etc.
Hope this is of some help.
Graham