Most Australians would be surprised at how few constitutional checks and balances exist in this country. President Donald Groper can sign all the executive orders he wants but unfortunately, for the little emperor, a significant number of checks and balances have been incorporated in the United States constitution to protect citizens from the arbitrary exercise of state power.
In Australia there is no constitutional right to free speech (only an implied right that comes into force during an election campaign). In Australia there are no constitutional rights which protect the individual from the arbitrary exercise of state power, that’s why so many rights and liberties have been removed from the statute books to protect us from terrorist attacks. Every day parliamentarians pass legislation that strips away our rights and liberties to protect our rights and liberties. Few seem to see the irony in this.
There is nothing in the Australian constitution (a document which primarily regulates the relationship between the states and the federal government) to prevent a government with a majority in both Houses of Parliament from jailing red heads because they are a perceived threat to national security. This could not occur in the United States because of the constitutional protections citizens enjoy.
President Donald Groper may huff and puff and go red in the face but if he tries to violate a citizen’s constitutional rights, he’s got a problem. Enough checks and balances exist in the United States constitution to trip over a President who thinks he can rule by decree. An added protection in the United States constitution is the right of citizens to bear arms. Despite the deaths of over 30,000 Americans every year from gun violence, there is little appetite to curtail this right.
The right to bear arms grew out of the revolutionary struggle during the American War of Independence. Armed citizen militias formed the backbone of the Independence Movement. The right to bear arms is just one of the many mechanisms that United States citizens can exercise to ensure a government thinks twice before it tries to impose by decree, or legislation, an unpopular legislative agenda.
Obviously none of these rights are extended to the rest of the world, illegal immigrants, refugees, green card holders and many minority groups in the United States. Just in case you think we extend any favours to asylum seekers, think again! The Hight Court decided nearly a decade ago the Australian government could legally detain asylum seekers for life, despite any charges being laid or any court proceedings being held. We could constitutionally introduce a ban on Muslim migration today if a majority of members in both Houses of Federal Parliament passed the necessary legislation. Remember Australia was founded on the white Australia principle and race played a central role in Australia’s immigration policies until the mid 1970’s. It happened then, it can happen again.
Dr. Joseph Toscano