atNickHodge Episode 9: The Australian Constitution: with Peter Black, QuT
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Thanks to Deks and Peter Black for an eduÂcaÂtional show.
Rough ProÂducÂtion notes from this show:
OHAI, TEH INTERWEBS. WelÂcome to #atNickÂHodge, âAusÂtralian ConÂstiÂtuÂtion. Yes, We have oneâ
Meta-backchannel ProÂduÂcer is Dekrazee1: thanks! dirÂect Qs to her in the chat, and weâll get âem sent to us via the meta BackchanÂnel
KitÂtehs: new agent, now requirÂing appearÂance fees.
The tshirt availÂable from crikey.com.au @firstdogonmoon
#zomÂbieguineapigÂflu â Chat with Emmah Klein, an old work colÂleague, mum of two kids under 5; WhoopÂing Cough in Day Care â source The World Today â WedÂnesÂday, 11 March , 2009
ABC Radio reporter: Meredith GrifÂfiths Six weeks ago, a baby died of WhoopÂing cough in New South Wales, the first such death in more than eight years. Dr Jeremy McAnÂulty, dirÂector of the ComÂmuÂnicÂable DisÂeases of NSW Health: He says there were more than 3000 cases of whoopÂing cough in the first two months of this year, comÂpared to just under 450 in the same period last year.
The last big outÂbreak of whoopÂing cough was in 1997 when nine people died across AusÂtralia.
Quick recap on last week âThe Lost Unclesâ
Alan Seymourâs play âOne Day of the Yearâ (1960) 1983, how many minds did this infect?
rehighÂlight; feedÂback on the topic
Mike SeyÂfang @fangâs mesÂsage
strange obserÂvaÂtion on the chat, it seems people might be listenÂing. InterÂestÂing, and I am humbled: thanks
This show comes from my learnÂing that the execÂutÂive powers over the MilÂitÂary Forces is held in the hands of the Governor-General.
Tonight to help me in light of my perÂsonal ConÂstiÂtuÂtional Crisis, I have Peter Black, LecÂturer in ConÂstiÂtuÂtional Law, QueensÂland UniÂverÂsity of TechÂnoÂlogy
[at 8:35pm] AusÂtralian ConÂstiÂtuÂtion. Yes, We have one
IntroÂduÂcing our SpeÂcial Guest this evenÂing, Peter Black
PolitÂics at all levels, includÂing the US
Why does Peter love teachÂing the law?
Move from Internet/IP Law to ConÂstiÂtuÂtional Law. Why not ConÂtract Law or CrimÂinal Law, or even CorÂporÂate Law
Can you tell a ConÂstiÂtuÂtional Law stuÂdent vs. CorÂporÂaÂtions Law?
Is it that High Court / ConÂstiÂtuÂtional Law seems to cover all of these bases?
QuesÂtion: Social media, MSM activÂitÂies and QuT: clear guidelines in place?
Back to Basics 2. Civic HisÂtory
From HisÂtory: Australiaâs makeup (States), colÂonÂised and incorÂporÂated sepÂarÂately through 18th and 19th cenÂturÂies
Push to nationÂalÂise AusÂtralia from 1880: Sir Henry Parkes (TenÂterÂfield OraÂtion, railÂway guages as an example); folÂlowed by Deakin VIC, BarÂton NSW (lawÂyers) as drivers; with other drafters of secÂtions.
Stalled in the 1880s due an ecoÂnomic depresÂsion (almost sent BarÂton broke)
Post 1892 more of a popÂuÂlist move to FedÂerÂaÂtion (BarÂton lead, not proÂfesÂsional politiÂcians)
Rise of labour moveÂments in parÂalÂlel with fedÂerÂalÂism
VariÂous conÂferÂences, drafts from 1890 through to the final
Many inter-State presÂsures: NSW wanted free trade, VicÂtoria wanted proÂtecÂtionÂism.
ParoÂchiÂalÂism SA, WA, TAS (note: Qld, BrisÂbane was not in favour!)
NZ attenÂded one of the first conÂferÂences in 1890
Treaty of WaitÂangi with the Maori potenÂtially preÂcluded this? More a difÂferÂent sense of idenÂtity.
PurÂposely negÂlected to ConÂstiÂtuÂtionÂally describe what are âreserve powersâ
AssumpÂtion was made that these powers were reflecÂted and incorÂporÂated the same conÂcepts of responsÂible govÂernÂment as to the BritÂish parÂliaÂment
Does this provide a level of flexÂibÂilÂity in our sysÂtem?
State-based RefÂerÂenÂdums through late 19th cenÂtury
White men only in the votÂing? yes! this is true. ouch!
WA was âlast state intoâ (by the skin of its teeth) the ConÂstiÂtuÂtion and FedÂerÂalÂism
There seems to be a subÂtext of anatagÂonÂism from our WA cousÂins to the East coast
wanted to do their own thing, indeÂpendÂent streak.
Can WA sucÂceed from the FedÂerÂaÂtion?
In April 1934, a refÂerÂenÂdum in WestÂern AusÂtralia proÂduced a 68% yes vote to leave the ComÂmonÂwealth of AusÂtralia with the aim of returnÂing to the BritÂish Empire as an autonomÂous terÂritÂory. No action was taken in the BritÂish ParÂliaÂment because no request was received from the AusÂtralian GovÂernÂment in line with the StatÂute of WestÂminÂster.
http://www.principality-hutt-river.com/
The Act: ComÂmonÂwealth of AusÂtralia ConÂstiÂtuÂtion Act 1900 (Imp), an Act of the ParÂliaÂment of the United KingÂdom
BarÂton negoÂtiÂated this through UK ParÂliaÂment, First AusÂtralian PM, then moved on to the High Court
Bartonâs last minute Privy CounÂcil negoÂtiÂation in relaÂtion to âbritÂish comÂmerÂcial interestsâ:
what is the Privy CounÂcil?
1927: King in vs. King of
1942: StatÂute of WestÂminÂster 1931; AusÂtralia impleÂmenÂted in 1942: From DominÂions to true CounÂtries; true legal sepÂarÂaÂtion (except for privy counÂcil)
1986: Privy CounÂcil sepÂarÂaÂtion: High Court is the final arbiter of our laws
Begs the quesÂtion, when exactly were we our own counÂtry? Are we this with âQueens RepÂresÂentÂatÂiveâ
I am a repubÂlicÂaÂtion, thanks to formÂatÂive 1980s movies GalÂlipoli and Breaker MorÂant
To Become a RepubÂlic: does it require a ConÂstiÂtuÂtional Change? Yes, have to be a refÂerÂenÂdum
Does the UK have to do anyÂthing in their laws, or can we just bugÂger off?
The ConÂstiÂtuÂtion, as a docÂuÂment
Chapters, with secÂtions
InterÂestÂing parts
SecÂtion 92 provides that âtrade, comÂmerce, and interÂcourse among the States shall be absoÂlutely freeâ. The preÂcise meanÂing of this phrase is the subÂject of a conÂsidÂerÂable body of law.
The execÂutÂive power is vesÂted in the Governor-General âas the Queenâs repÂresÂentÂatÂiveâ (SecÂtion 61), as is the command-in-chief of the armed forces (SecÂtion 68)
cf: conÂstiÂtionÂalÂity of the Great FireÂwall of AusÂtralia
DiviÂsion of powers: State vs FedÂeral
1920 HarÂvester case in terms of state vs fedÂeral powers/equal?
Move to FedÂerÂalÂism
external powers (SecÂtion 51(xxix) of the AusÂtralian ConÂstiÂtuÂtion)
in relaÂtion to interÂnaÂtional treatÂies (Tas world herÂitÂage area)
CorÂporÂaÂtions Law in 1980s
The court sysÂtem
(state court sysÂtems)
FedÂeral Court (matÂter of FedÂeral law)
High Court of AusÂtralia
High Court is last court in AusÂtralia for all court cases
High Court judges autoÂmatÂicÂally âretireâ at 70; less chance of gamÂing the sysÂtem with politÂical appointees (vs. US sysÂtem)
Modification/Changes â moveÂments of change
Does the concept of ComÂmon Law apply, modÂiÂfied by cases?
How does this difÂfer from a RefÂerÂenÂdum style change? (8á44 sucÂcess rate of refÂerÂenÂdums)
So, what do you actuÂally teach?
It seems you could keep the conÂstiÂtuÂtion + relÂevÂant conÂstiÂtuÂtional cases in your head
Case StudÂies:
Express vs. implied freedoms
apart from reliÂgion etc, politÂical free speech etc
Leads onto âBill of Rightsâ vs US sysÂtem where the Bill is foundÂaÂtional
The DisÂmissal: 1975 : ConÂstiÂtuÂtional pinup case
Queenslandâs Joh starÂted it
starÂted with senÂate changes, from states, against conÂvenÂtion
WithÂholdÂing of money
Dimissal of execÂutÂive govÂernÂment; not done since 1834 (King WilÂliam IV)
(yes) Chapter II, âreserve powersâ but are limÂited by conÂvenÂtion? WTF is conÂvenÂtion and reserve power