Letters

Taking a Constitutional

Ed,


The suggestion that the proposed referendum for the amendment to The Constitution does not have enough detail, might well on the face of it, and without more, seem valid to a person who has not had the opportunity to read or study The Constitution.

I do understand why a lot of people have not read The Constitution. It is rather a dry read, even boring. On a more positive note, some find reading it a perfect cure for insomnia. Personally, I find the Dried Fruits Act,1939 (NSW) to be a speedier and more effective antidote for that particular malady. Unfortunately for those seeking alternative cures, the Dried Fruits Act was repealed in 1997 and the rare copies of it still available are now much sought after.

The Constitution is set out in Chapters.
The important powers of the Federal Parliament are mostly found in Chapter I, Part V, Section 51.

That section has a long list of enumerated heads of power set out in sub-sections. There are 39 of them. In several of those the power is described in just one word. There is no detail at all. Just the one word. In other sub-sections there is merely a phrase. Again, with no detail. And in the others, there is a whole sentence, but giving a rather spare description of the power.
Some examples:
S. 51 (i.) Trade and commerce with other countries, and among the States:
(ix) Quarantine:
(xix) Naturalization and aliens:
(xxix) External affairs:

This works satisfactorily because each item in Section 51 is simply a description of a head of power. For the men (and yes, for those interested they were all men) who drew up the wording of The Constitution, it was NOT and is NOT MEANT TO provide a full explanation or full detail, or full information of what each power is, or how that power is expected to work in practice.

This is how The Constitution was originally drawn up. And how it works because there is no need for more detail.

Note that the current proposed amendment to The Constitution for ‘The Voice’ is not for insertion of a new ‘head of power’. Nor for a new sub-section in section 51, but rather to insert a new section in a quite different area, namely, to insert Section 129 in Chapter IX.

How any of this is to work in practice is, and always has been for the Parliament to determine from time to time in its parliamentary sittings by enacting legislation, and to change legislation from time to time as circumstances change, and as the Parliament sees fit. This applies equally to the existing provisions of The Constitution as well as any new provision.

That is what parliament does. And what it will do if the Voice referendum passes, which I hope it will. There is nothing new or different about this.
Anyone who tries to kid you that there is something new or different, is probably either ignorant about this, or is seeking to mislead you.

Geoff Hill, Grafton