[LINK] UN declares that the right to privacy, including online privacy, is a human right

[Frank O'Connor]

Mmmm,

We rely WAY too much on 'convention' and 'precedent' with our Constitution and way too little on statute. The result is that there are no statutorily embedded rights ... OTHER THAN THE RIGHTS AND POWERS PERTAINING TO THE STATE(S). (Sorry for the bold there, folks ... but that's basically all the Australian Constitution does.)

We had more personal and individual rights BEFORE federation, than we had (and have even now) after we became independent at the turn of the 20th century - because we were covered by British statutes like the Bill of Rights, and little numbers like Magna Carta and the like. (And yes Magna Carta has been adopted under Australian law ... but not by Parliament, by the Judiciary - under rules of precedent and convention.)

We REALLY need a Bill of Rights in this country (our politicians protests to the contrary notwithstanding).

Just my 2 cents worth ...
---
On 18 Dec 2013, at 9:57 am, Jan Whitaker <jwhit at internode.on.net> wrote:

> At 09:33 AM 18/12/2013, Frank O'Connor wrote:
>> The bottom line is that certain inalienable rights are awarded under 
>> a Bill of Rights, and in the case of the US these are also backed up 
>> by the Constitution and its amendments. In Australia we have 
>> nothing. Of course, given the number of times the Bill of Rights in 
>> the UK and US, and the Constitution in the US, have been ignored in 
>> the past when put under ANY stress, it's probably a fair comment to 
>> say that both pieces of legislation are more an expression of good 
>> intent rather than hard-and-fast rules that will be followed in all 
>> instances .... but broadly speaking a country's citizenry is better 
>> off with a Bill of Rights than without one.
>> 
>> In Australia the question has been put to our 'leaders' (and I use 
>> the term sarcastically) on many occasions and without fail, both 
>> left and right, have universally agreed that it would be much too 
>> good for us. As ignorant Australian bogans who only have a use to 
>> them once every three or four years, we don't deserve or need rights.
> 
> Agree with all that, Frank. It is extremely important for rights to 
> be established in the operating rules of the society, e.g. the 
> constitution. Otherwise, everything is up for grabs on the whim of 
> the current crop of rulers because a new Parliament can change the 
> rules as they see fit (and yes, they see themselves as 'rulers', a la 
> 'kings' and not 'governors', a la the representatives of the 
> citizenry, otherwise we would have same-sex marriage, humane refugee 
> programs, reductions in welfare for the wealthy, and respect for all 
> people, not just those with money to influence/buy the outcomes they want).
> 
> The lack of any meaningful Constitution here, other than the 
> mechanics of how the rulers get to rule, a technical document rather 
> than a values document with a curb on the excesses of those 
> politicians, does a few bad things. It allows for continual 
> uncertainty and disruption. It allows for lying and deception from 
> the political class. It allows for little separation of powers 
> between the three branches (at least our form of government as it's 
> being implemented), particularly when those making the laws are also 
> those carrying out their implementation (fox/hen house), setting up 
> the illogical position of a court having to return a determination 
> based on shifting laws instead of a common basis of values. If there 
> is a bad law passed by the Parliament, then the courts can't disallow 
> (as far as I'm aware). It allows for retrospective legislation, which 
> is beyond bizarre. Oversight agencies are stripped of their powers at 
> a whim of whoever sits in the chair and controls the budgets (PPL 
> versus NDIS anyone?).
> 
> We are fortunate (for now) that Australians are a pretty nice bunch. 
> But if push ever came to shove, we're stuffed if a really bad bunch 
> gets hold of the reins. We have zero recourse.
> 
> Sorry for the OT rant. I'm happy to hear where I've got the wrong end 
> of the stick above. This probably needs a George Williams for clarity.
> 
> Jan
> 
> 
> 
> 
> 
> Melbourne, Victoria, Australia
> jwhit at janwhitaker.com
> 
> Sooner or later, I hate to break it to you, you're gonna die, so how 
> do you fill in the space between here and there? It's yours. Seize your space.
> ~Margaret Atwood, writer
> 
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