Balls to the Wall Boys
Just wishing everyone good luck for exams! Rock it out fellas: two weeks from now, it's going to be absolute mayhem.
By the way: did you know that there's no guaranteed right to vote in our constitution. This means that if government wanted to, they could legislate against universal adult suffrage (e.g. bar people from voting based on race, property rights) etc? I mean, it's doubtful that it'd happen, but still. Turns out we don't actually have any absolute rights at all (apart from some odd procedural ones...)
By the way: did you know that there's no guaranteed right to vote in our constitution. This means that if government wanted to, they could legislate against universal adult suffrage (e.g. bar people from voting based on race, property rights) etc? I mean, it's doubtful that it'd happen, but still. Turns out we don't actually have any absolute rights at all (apart from some odd procedural ones...)
posted by Ayanami at
11:50 PM
9 Comments:
I've actually finished half my exams already. Two on Monday with an hour break between them. I think I kicked some serious butt in them though, dispite the most distracting study week ever.
Wouldn't the UN charter of human rights come into effect there? I'm pretty sure that it says that all adults have the right to vote. I thought that the Aus constitution is more about defining the rights of the states than the individual anyway.
By
m_maximus, at 14/6/05 11:19 AM
Ouch, an hour in between. Kinda sucks. GL with the next ones.
If it is in there, the charter hasn't been ratified by Australian legislation, so doesn't have any legal effect to invalidate laws passed by the government that are beyond their powers (or 'ultra vires', for Ford's benefit).
You're pretty much right, the Commonwealth Constitution is about federal power, and the respective state constitutions are about state power. But since we don't have a bill of rights, the only source of individual rights are to be found in the constitutions as restrictions on what government can do.
By
Ayanami, at 14/6/05 4:15 PM
Are you sure it hasn't been ratified? It may not have been explicity rattified (i.e., there is no legislation written that says "this is for the purposes of rattifying blah blah blah....."), but I would imagine that there is somewhere a law that says who is and isn't alowed to vote, and that law would inffer heavily that all adults are allowed to vote. I would also imagine that the referendum to give aboriginals the right to vote would carry some weight if a government did try to stop a group voting, but that is something that would have to be tested in court, and hence would depend on the judge. And last but not least, that fact you have to vote would definitly infer that you have the right to.
And I know that a treaty isn't law until it is ratified, but if we've signed a treaty is it legal for the governemnt to pass laws that contradict it, even if it hasn't been ratified?
Just out of curiosity (it has been a while since I've read the charter), do you know if ppl in prison are allowed to vote, and is a nation allowed to take that right away while someone is in prison under the charter of human rights?
By
m_maximus, at 14/6/05 4:52 PM
There is of course a law which states who can vote. It actually says who must vote, and it of course includes universal adult suffrage.
What I meant is that the government could amend that law as it pleases. There is nothing in the Constitution which stops them from doing so.
The referendum (1957/67 I think)merely asked the people whether they wanted to remove the provision in the Constitution which denied Aboriginals from voting. Referendums don't have any effect other than authorising amendments to the Constitution or other legislation that requires referendum.
Signing of a treaty has no legal effect in Australia, apart from making us look really stupid, unless it has been ratified in legislation. Government can pass a law going against it no worries.
If a person's currently serving a prison sentence longer than one year, then they cannot vote. I dunno what the charter says, but as I said before, it doesn't really matter in Aus.
By
Ayanami, at 15/6/05 9:59 PM
Laws in Australia
# It is illegal to roam the streets wearing black clothes, felt shoes and black shoe polish on your face as these items are the tools of a cat burglar.
# It is illegal to read someone's tarot, or give them a psychic reading as these are forms of witchcraft.
# Under Australian Communications Authority (ACA) regulations, your modem can't pick up on the first ring. If it does the ACA permit for your modem is invalid and there's a $12000 fine. - Telecommunications Act 1991.
*In Australia it is illegal to own a bullet proof vest unless you have special police approval.
*In the Douglas Shire in north Queensland, roughly the area from Port Douglas to Cape Tribulation, it is illegal for guests in a B&B to use the kitchen, it is illegal for a B&B host to cook the guests dinner, yet the B&B policy states that dining room must be shared by host and guests!
*In the Northern Territory the Transport Act says that it is illegal to play a musical instrument on a bus!
*Heading down to the park in the Sydney suburb of Willoughby?
Be careful, the tunes on your walkman might cause you to sing along, and singing is not allowed in Willoughby park, and rangers are on patrol to safeguard strict observance of the laws and will nip in the bud any attempts at criminal activity. And, as you can see on the right, singing is far from the only thing that is illegal in this park.
*In Tasmania it was, up to 1997, illegal for two men to have sex together, even if they are consenting adults and are in the privacy of their own home where nobody can see them or be aware of it. The offence carried a 21-year jail term. At least Sydney can be assured it will be a long time until a Hobart Gay Mardi Gras will overshadow their annual festival.
-I also recall something about 3 or more people congregating can be considered illegal, but I couldn't find anything to back it up.
By
CouncilScribe, at 16/6/05 11:06 AM
Was actually looking over the constiution the opther day (was arguibng with dad over the powers of the parliment, and I needed some proof. What you though I did stuff like that in my spare time.) And the only real thing of interest in there was that it does say (effectivly) that we have freedom of religion, and that the government can not make laws that discriminate based on religion, so the government could not make laws that bar a certain religion from voting. They can however discriminate on other things.
By
m_maximus, at 7/7/05 1:33 PM
www.dictionary.com
By
Mezga, at 7/7/05 5:38 PM
http://www.bluelight.nu/gallery/showphoto.php?photo=29570
By
CouncilScribe, at 7/7/05 9:36 PM
Hahah you better believe it!
www.members.iinet.net.au/~psd/HitlerWatermelon1.gif
By
Mezga, at 8/7/05 1:17 AM
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