By Harris

ISBN-10: 1876905069

ISBN-13: 9781876905064

The final hundred years have noticeable many social alterations in Australia. the numerous shortcomings in Australias structure were exposed,leading to the present debate on an Australian republic.

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Example text

His dignity lies precisely in that position which elevates him above the position of those entities which are mere things. What actually happens is that every human being recognises on the level of practice the dignity of mankind in each human individual, and along with that recognition comes the duty to express respect and reverence for every human being. Kant identified equality as a crucial link in the chain from the ‘is’ (the individual has a quality—dignity—which derives from his uniqueness as an autonomous being endowed with free will), to the ‘ought’ (the individual should be guaranteed rights to prevent interference with that autonomy).

The 20th century was unparalleled in the extent and speed of developments which had a bearing on constitutional thought: democratisation, decolonisation and the terrible experience of tyrannies, such as Communism and Nazism, which led to the wholesale slaughter of populations on the basis of class or race. All of these developments provide useful lessons from a variety of jurisdictions on what should and should not be done when reforming a Constitution. Finally, one should recognise that tradition is to some extent an impediment to constitutional reform.

Subsequently, in Taylor v New Zealand Poultry Board,13 he stated that: I do not think that literal compulsion, by torture for instance, would be within the lawful power of Parliament. Some common law powers presumably lie so deep that even Parliament could not override them. 16 8 9 10 11 12 13 14 15 16 See the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth); and the Disability Discrimination Act 1992 (Cth). All States, with the exception of Tasmania, have enacted such laws: see the Anti-Discrimination Act 1991 (Qld); the Anti-Discrimination Act 1977 (NSW); the Equal Opportunity Act 1995 (Vic); Equal Opportunity Act 1984 (SA); Equal Opportunity Act 1984 (WA); the Discrimination Act 1991 (ACT); and the Anti-Discrimination Act 1992 (NT).

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A New Constitution for Australia (Australian) by Harris


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