CONSTITUTIONAL REFORM AS A REMEDY FOR POLITICAL DISENCHANTMENT IN AUSTRALIA : the discussion we... need

The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved. This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutiny of the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education. This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform. Front Matter ....Pages i-xxi Public Disillusionment with Politics in Australia (Bede Harris)....Pages 1-36 A Question of Values (Bede Harris)....Pages 37-45 Our Current Constitution (Bede Harris)....Pages 47-62 Democracy (Bede Harris)....Pages 63-87 What Are ‘Rights’ and Where Do They Come from? (Bede Harris)....Pages 89-115 What a Bill of Rights Should Contain (Bede Harris)....Pages 117-136 Holding Government to Account (Bede Harris)....Pages 137-158 Federalism and the Efficiency Deficit (Bede Harris)....Pages 159-180 Indigenous People and the Constitution (Bede Harris)....Pages 181-198 An Australian Republic (Bede Harris)....Pages 199-211 Access to Constitutional Justice (Bede Harris)....Pages 213-228 Civics Education and Reform Strategies (Bede Harris)....Pages 229-245 Back Matter ....Pages 247-267