Saturday, May 30, 2020 at 13:10
The Australian Constitution is quite vague in many areas, and was made so on purpose.
The great fallback provisions of our Constitution is that anyone can challenge any part of the Constitution through the Courts, and initiate changes to the Constitution that they believe are needed - to update or clarify Constitutional requirements, according to the times and events.
The judges will then deliberate and rule on whether the changes are needed.
This is the great part of our Constitution, unlike the American Constitution, which has idiotic "unalienable" parts that can never be changed - such as the "right" to carry firearms in the U.S.
However, the bottom line in our Constitution is that the Govt of the day is empowered to take whatever steps are needed to protect National Security. The PM has absolute power in this arena.
Originally, the definition of National Security was about protecting ourselves from attacks by militaristic foreign countries intent on takeover of Australia - but since that time, National Security has been enlarged to cover protection of our
population, as
well as our country.
There are dozens of National Security related Acts and legislation and laws.
Border controls are an important part of National Security - on many fronts, including the health of our
population.
But any severe actions taken on National Security issues must be tempered by national discussion, agreement and consultation.
However, when a rapidly-forming major threat presents itself, senior politicians must act decisively and quickly.
Morrison and his associates and the State Premiers have done their best when presented with this current major virus threat, and the largest part of their rapid decision-making has been commendable.
However, as with all Govt moves and legislative changes and orders, it's important that we ensure that they are reasonable, not excessive, and enforced with sensible restraint - and are removed as soon as the threat has subdued.
I think a lot of the Police have been taken aback by the rapid response needed to new laws and legislation, and were caught out by needing to respond in a manner that was sensible and practical, without treating everyone like a criminal.
The need to call upon the military to serve on front-line checkpoints was a little over-the-top I thought, although I reckon this was probably more of a Police staffing issue, than any other angle.
Cheers, Ron.
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