A re-write, with some extra thought, and some notes to follow.
  1. Right to Rights
    1. I have the right to all rights expressed herein if I am an individual who is a citizen of Australia, if I am an individual within the jurisdiction of Australia, or if I am an individual held by, or in the charge of any individual, group or organisation that is a citizen of Australia, incorporated within Australia, trades within Australia, or is commanded by the Australian government.
    2. I have the right to all rights expressed herein no matter my race, age, gender, beliefs, sexual preferences, wealth, health, associations or prior criminal record.
    3. My rights are inviolable. No legislative or executive act - by Federal, State or local government - may remove my rights. I have the right to apply to the Govenor General for review of any law that contravenes my rights. If I am being prosecuted, detained or otherwise subject to Government action due to a law that contravenes my right, review must be immediate.
    4. I have the Right not to be deprived of my rights by someone else's exercise of their Rights. Their Rights end at the point of deprivation of mine.
    5. Any power not specifically granted to the Federal government or the States or local government may not be claimed by the Federal government or the States or local government.
    6. The rights enumerated in this document are not held to be exhaustive. No natural right of mine may be denied or removed if it cannot be held to be harmful or detrimental to others.
  2. Life
    1. I have the right to life. I have the right not to be deprived of life.
    2. I have the right to be treated humanely at all times; to not be tortured; to not be suffer capital or corporal punishment; to not be intentionally or negligantly injured while in the custody of the Government. I have the right to have due care taken to prevent physical or mental damage to my self when in custody.
    3. I have the right to hold the Government accountable when, by ommission or commission, these same rights are violated when given over into the custody of a third party by the Government.
  3. Thought
    1. I have the right to think as I will; and the right to express my thoughts in what so ever way I please.
    2. I have the right to practise any religion or creed.
  4. Discrimination
    1. I have the right not to be discriminated against on the basis of my race, age, gender, beliefs, sexual preferences, wealth, health, associations or prior criminal record.
    2. I have the right to equal treatment under the law no matter my race, age, gender, beliefs, sexual preferences , wealth, health, associationsor prior criminal record.
    3. I have the right to all government services, benefits or recognitions no matter my race, age, gender, beliefs, sexual preferences, wealth, health, associations or prior criminal record.
  5. Liberty
    1. I have the right to self-determination; to be free of bondage.
    2. I have the right to free movement.
    3. I have the right of free association; the right of free peaceful assembly; the right to protest.
    4. I have the right to anonymity. I may be asked to identify myself to law enforcement authorities can only be compelled to give my identity,verbally, if under suspicion of having perpetrated a specific act of crime.
    5. I have the right not to have my person, or items on my person, searched unless under arrest for a specific act of crime; or if I refuse to identify myself when under suspicion of having perpetrated a specific act of crime
    6. I have the right not to have my property or possesions searched unless a warrant has been issued to search specific property for evidence of a specific act of crime.
  6. Arrest
    1. I have the right not to be unlawfully detained.
    2. I may be lawfully detained, but only if under suspicion of having perpetrated a specific act of crime. Immediately upon arrest have the right to be informed why and under what authority, and to be informed of all my rights so that I understand my rights.
    3. I have the right to be accompanied by a person of my own choosing - who is not also under arrest - upon arrest. If no person of my own choice is available to accompany me without reasonable delay, I have the right to legal counsel without delay.
    4. I have the right to legal counsel before interviewing or questioning may commence. I have the right to remain silent.
    5. Upon detention I have the right to question, without delay, the validity of the detainment by writ of habeas corpus.
    6. I have the right to be charged without delay, or be released immediately. If charged, I have the right to be informed immediately of the nature of the charge and the reasons for the charge.
    7. I have the right to be freed from further detention until such time as my trial, unless it can be proved before a court of law that my freedom represents a likely threat to society; or if it is likely that I would not return for trial.
  7. Trial
    1. I have the right not to be charged for an offence that was not an offence at the time it occured.
    2. I have the right to be tried, without delay, for any crime I may be charged with. I have the right to adequate time to prepare a defense
    3. I have the right to legal counsel if I should be tried. If I cannot provide legal counsel for myself, I have the right to have legal counsel competent in the relevant case law provided for me.
    4. I have the right to an interpreter if I do not have fluency in the language of the court. The arbiter of my fluency is myself. If I cannot provide an interpre! ter for myself, I have the right to have one provided for me.
    5. I have the right to counsel who are not under threat of legal action for their defense of me; I have the legal right to introduce any non-frivalous evidence in my own defence.
    6. Unless I am a member of the Australian military and charged with a military offence, I have the right to be tried in a public court, before a judge and a jury of my peers for any felony charge.
    7. If I am not an adult, I have the right not to be tried as one, no matter the charge or circumstances.
    8. If convicted, I have the right to appeal my conviction. I have the right to all of the above rights if I should appeal my conviction.
    9. If found not guilty, I have the right not to be charged again for the same offense.
  8. Property
    1. I have the right to property.
    2. I have the right not to be deprived of property, or have property devalued, without fair exchange or conse! nt.
  9. Government
    1. I have the r ight to participation in the government of Australia; I have the right to stand for any elected position; I have the right to stand for any nominated position.
    2. I have the right to vote once I reach my majority.
    3. I have the right to representation.
    4. I have the right to hold my representative accountable; I have the right to query my representative and receive frank and complete answers.
More reading: Tags
Cam Riley: South Sea Republic. Freedom, liberty, equity and an Australian Republic.

Comments
  • avocadia . # .
    Some notes:

    Section 1
    1) In other words, no Guantanamo, no chargeless detentions in naval brigs.
    3) It was an interesting choice I had. I didn\'t feel comfortable with my first impulse, that I have the right to rebellion when legislation violates my rights; I prefer the rule of law to than of man, and rebellion amounts to the latter. But immediate legal redress for all complaints would clog the legal system and bring the rule of law to a grinding halt. So, as per a suggestion by Cam and technically as per the Constituition - assuming the Rights become part of the Constitution as I believe they must - the G-G becomes the protector of my Rights, and the courts are the abitrators.
    5) This pre-supposes that local government will *ever* be mentioned in the constitution :- ) But basically the US Tenth Amendment
    6) A rough approximation of the US Ninth Amendment. Needs work.

    Section 2
    3) No Extraordinary Rendition
    Section 4
    No Defence of Marriage Acts

    Section 7
    5) No US vs Stewart s
    6) I don\'t know why I included the exception for military cases. I\'m not too sure of it, actually. I could be convinced either way with a good argument.

    Section 9
    1) I don\'t believe criminals should lose the right to vote.
    3) This needs to be re-phrased. It\'s intention was to give Australians outside of Australia representation that isn\'t the member of the last electorate they lived in. That is, the Representative of the Diaspora that Imagining Australia discussed.
  • cam . # .
    Given what happened in Iraq recently: It probably needs to be added, that in a democracy you have the right to a secret ballot where the ballot sheets are all uniform.

    I have a much longer comment brewing which I will post when I finish it.

    cam
  • cam . # .
    Double Jeopardy: Language for protection against being tried for the same offence more than once probably should be added.

    cam
  • cam . # .
    Section 1.5:
    Any power not specifically granted to the Federal government or the States or local government may not be claimed by the Federal government or the States or local government.

    That shouldnt be in rights, that is constitutional language for the process of government. That should be in the federal constitution.

    cam
  • cam . # .
    Doh ignore parent: Didnt read that one. It is already included.

    cam
  • cam . # .
    Rights refereeing: Great post avocadia. This is right in line with the tradition of Pemulwey and Lingiari of stamping your foot in the ground and claiming your rights and liberties. Previously I had thought that the Australian Constitution should be composed of two parts, a meta-tution and constitution. Where the metatution was an enunciation of defensible rights (limits on government action/legislation) and the constitution component was the process of government in explicit language.

    The problem is having a defensible enunciation of rights doesn\'t necessarily protect the individual from both legislation and execution of laws. The Prime Minister, as overseer and executor of laws, can jump outside legislation to contravene an individuals rights. The Governor-General can protect us from legislation being passed that contravenes our rights, but the judicial has to stop the Executive Cabinet from executing laws/actions/tyranny.

    Consequently I think the metatution needs to be in two parts, one a deceleration of rights, liberties and individual sovereignty. Which is what you have written in your posts on an Australian Bill of Rights. Rather than language on the limits of government (as the US Bill of Rights is), it is a deceleration of your rights as an individual. I think this deceleration is easier for the Judicial to defend. Consequently it should be included in a metatution.

    The legislative side though will need more US Bill of Rights like explicit language for the Governor-General to be able to defend our rights with the veto. So here is a go at that part of it, using avocadia\'s enunciation of rights. The constitutional legislation is in blockquotes;

    Definitions;

    Elector - A citizen of Australia, or an individual within the jurisdiction of Australia who is above the age of majority.

    Individual - An citizen of Australia, or an individual within the jurisdiction of Australia, or if I am an individual held by, or in the charge of any individual, group or organisation that is a citizen of Australia, incorporated within Australia, trades within Australia, or is commanded by the Australian government.

    Secret Ballot - An election held where all ballot sheets are uniform in shape, colour, size and printing; and where the elector\'s ballot is anonymous.

    Limits on Government Authority

    Parliament shall make no law; the Governor-General shall pass no law; that,

    1. Freedom
      1. deprives an individual of life.
      2. limits or deprives an individuals freedom to express their beliefs, opinions or lifestyle.
      3. limits or deprives an individuals freedom of movement.
      4. limits or deprives an individuals freedom of association.
      5. limits or deprives an individuals freedom to peacefully assemble with other individuals.
    2. Liberty
      1. detains an individual indefinitely without charge for a specific crime.
      2. limits or removes an individuals right to have counsel with them upon arrest or questioning.
      3. limits or removes an individuals right to a writ of habeous corpus upon detention.
      4. back-dates punitive measures for an offence.
      5. permits an individual to be detained for long than six months without trial or resolution.
      6. enabling an individual to be tried for an offence more than once.
      7. limits or removes an individuals right to refuse law enforcement access to their property, or permission to search their person and property, unless there is a warrant issued to search specific property for evidence of a specific crime.
      8. limits, reduces or removes an individuals right to own property.
      9. deprives the individual of property, or devalues an individuals property without fair exchange or consent.
    3. Equity
      1. discriminates against an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
      2. limits or removes equal treatment under the law for an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
      3. limits or removes access to government services for an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
      4. limits or removes an individuals choice to divulge no information other than their identity, verbally, when under suspicion from law enforcement for a specific crime.
    4. Democracy
      1. disenfranchises an Elector.
      2. denies an Elector representation.
      3. denies an Elector the ability to run for election.
      4. reduces or removes an individual the ability to petition their representative for a redress of grievances.
      5. abolishes the Secret Ballot.
      6. increases the period between elections beyond eight years.
      7. criminalises, or outlaws a political party.
      8. removes access to the Public Service for parties with elected parliamentary members.
      9. limits or deprives an individuals right to peacefully protest.

    The not denying an elector the right to run for election is deliberate. With the definition of elector (not just Australian citizens), this would allow those that are completely disenfranchised - and without a means to have their grievances redressed - to have their issue focused upon in an election. I would love to see Peter Qasim run for government and get 5% of the vote. It might even prompt the Government into action.

    I also split them up into Freedom, Liberty, Equity; in that order. I think those words have to become omnipresent in government so they seep into Australian culture and politics as the basis for our polity. Fraternity is the other word that has to become omnipresent, but it didn\'t fit in this context.

    6.1 \"I have the right not to be unlawfully detained.\" poses a problem for having the GG defend it. It is about execution, rather than a law defining who/what/where it can be executed. The GG as a rights referee can only defend from legislative tyranny, not execution/action of the PM/Cabinet acting in such a manner. That becomes the domain of the Judicial then.

    cam
  • avocadia . # .
    I believe it should be...: ...as by denying powers to the government bodies, it  de facto leaves the powers in the hands of the people. It protects the rights of the people to those powers.
  • avocadia . # .
    GG as rights defender:

    If 6.1 is being broken by action, rather than legislation, than by definition it is the executive doing the breaking, no? Whoever it is doing the detention, ultimately they are under the authority of an executive, whether at the state or federal level. So if the police/military/whomever are doing it at the command of the executive (premier+cabinet or PM+cabinet) then the "executive act" language of 1.3 should cover it.

    My rights are inviolable. No legislative or executive act - by Federal, State or local government - may remove my rights. I have the right to apply to the Govenor General for review of any law that contravenes my rights. If I am being prosecuted, detained or otherwise subject to Government action due to a law that contravenes my right, review must be immediate.

    If they are doing it at their own behest then we\'re having a coup and all of the above is just words on paper until the coup is put down.

    And if the PM+Cabinet (or a Premier with the tolerance of the Federal government) are ignoring the GG, or the judiciary, when they override unconstitutional action/legislation then all bets are off, mandate is dissolved, and rebellion is in play, AFAIAC.
  • Secret ballots: I\'m a bit late, but perhaps there\'s some system somewhere that emails you when people reply.

    Your entrenchment of the secret ballot in the manner described is anathema to good government. The secret ballot is a good idea; but it should not be uniform in printing. Perhaps you are not familiar with the Robson Rotation, but essentially ballot papers used in the Tasmanian House of Assembly and the ACT Legislative Assembly are printed in batches where each batch has a different ordering of candidates.

    This provides two advantages. Firstly, it limits the effect of donkey voting. This is rather trivial.

    Secondly, it causes candidates, rather than parties, to compete. If you want to vote for the Cassowary\'s Party for Infinite Justice, which has four members, and all ballots are the same, then it\'s obvious the first candidate would get in, regardless of the fact that Tom over here wants to vote specifically for Felix. OTOH, if you want to vote for the Cassowary\'s Party for Infinite Justice, and Tom wants to vote for the CPIJ and specifically Felix, then that noticeably increases Felix\'s vote, pleasing you both. Hence, the voters, rather than the parties, choose who gets voted in.

    (Vote 1 the Cassowary\'s Party for Infinite Justice. This message authorised by Felix the Cassowary, 2919 Short St, Anytown, Anystate.)
  • cam . # .
    Good point about the Robson Rotation: Tasmania has the most innovative electoral system in Australia at the moment. The Secret Ballot definition shouldnt require that the printing be uniform. Maybe if it has an exclusionary clause for the robson rotation.

    The secret ballot in there is mainly to protect against how despots like Hussein held elections where he had a ballot of one colour and his opponent a ballot of another colour. Easy for the thugs to spot who was not voting for Hussein. Which is electoral intimidation.

    As to finding new comments, there is a box on the front page in the right hand side menu which has new comments. There is also a comments rss feed, so those that subscribe to it will find new comments that way too.

    cam