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Queenslanders for Constitutional Monarchy



Defending the Constitution

by Michael Darby


Strong and valuable though our Constitution is, we should not be satisfied with merely defending our Constitution against attacks from people who would undermine our liberties.

A mere defensive action could result in a compromise which might leave the Constitution undermined or damaged.

We should seek, develop and advocate reforms which strengthen the Constitution by wise amendments where necessary, and by well-considered electoral laws. Here are some proposals worth studying, presented in the form of Short Titles for Bills, and which were first published in Liberty Letter of October 1993:


Proposals

Description

1. A bill to introduce into Federal Elections the Robson Rotation system for printing of ballot papers, as implemented in 1979 by the Tasmanian Parliament. Robson Rotation (named for Neil Robson MHA) involves printing ballot papers in batches so that each candidate's name has an equal turn in each position on the ballot paper. Robson Rotation allows voters to escape from slavishly following a party ticket, and encourages voters to learn about each of the candidates.
2. A Bill to abolish compulsory voting. The freedom to choose must include the freedom not to choose, to use the phraseology of eminent constitutionalist and former NSW Speaker of the Legislative Assembly, Hon. Jim Cameron, LL.M.
3. A Bill to abolish public funding of political parties and to abolish tax- deductibility of donations to political parties. Participation in politics should be voluntary, and moreover should be conducted at the expense of the participants. Public funding has enabled political parties to function without feeling obliged to satisfy even their own supporters, thereby lowering the standard of parliamentary representation. Public funding is an important aspect of the system of institutionalised incumbency intended to preserve the influence of the currently dominant parties. Tax-deductibility of donations to political parties is another aspect of institutionalised incumbency, and discriminates against independents whose supporters receive no such benefits.
4. A Bill for a referendum to elect the Senators of each State by the method of half the number of each State's Senators facing election at each general election for that State. This reform will remind Senators of their responsibility to represent the citizens of their own States, rather than being mere cyphers of their nationally-structured political party machines. The policies and performance of the Federal Government are likely to be improved by progressive assessment and feedback by partial Senate elections in conjunction with each State election. The method of election is best determined by the State Government concerned. If Queensland were allowed to choose its own method of electing Senators, we should, for example, consider the question of electing equal numbers of male and female senators.
5. A Bill for a referendum to restore to State Legislatures the right of filling casual Senate vacancies. Constitutional arrangements in force since 1977 wrongly institutionalise political parties, and are open to abuse through the appointment to the Senate of individuals who have never been elected, neither by the people nor by the elected representatives of the people.
6. A Bill to amend the requirements for nomination for election to the House of Representatives to $50 plus the nominating signatures of 500 persons enrolled within the Electorate. Presently the requirement is $500 plus the signature of a party secretary or $500 plus the signature of six voters. There should be no special arrangements for political parties and the charge should be reduced to as not to discriminate in favour of the wealthy. All candidates should be required to demonstrate their acceptability to the Electorate by furnishing a significant number of nominating signatures.
7. A Bill to amend the requirements for nomination for election to the Senate to $50 plus the nominating signatures of 1,000 persons enrolled within the State. This Bill will be superfluous if the election of Senators is made a State matter (see #4, above). Presently the requirement is $500 plus the signature of a party secretary or $500 plus the signature of six voters. There should be no special arrangements for political parties and the charge should be reduced to as not to discriminate in favour of the wealthy. All candidates should be required to demonstrate their acceptability to the Electorate by furnishing a significant number of nominating signatures.
8. A Bill to amend the Senate voting system to abolish single numeral voting and to restore preferential voting with a liberalised definition of formal voting for the Senate. This Bill will be superfluous if the election of Senators is made a State matter (see #4, above). Single numeral voting wrongly empowers political parties, some of which do not even disclose to voters how their single-numeral vote will allocate preferences. Voters should be required to number each square, but a mistake would not invalidate the vote. Each vote would be valid up to the point where the mistake (e.g. a duplicated number) occurs.
9. A Bill to allow a Petition signed by not less than seven and a half percent of voters to initiate in conjunction with a general election a Referendum for the rescission of any Act imposing a charge upon the people. No government since Federation ever campaigned on the platform of introducing income tax or company tax. With no obvious exception, all the burdens on the Australian people have been imposed without the consent of the people. Rejection of the Hewson GST showed how Australians feel about governmental burdens. Voters' Veto will give Australians the right to shrug off their burdens.


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