The Standing Committee on Legal and Constitutional Affairs has tabled a report on
harmonisation of legal systems
. The media reporting on it has been
that Australia and New Zealand should form union
. The
conservative fear
is that it will end up in a
PEPC
. The inquiry advocates harmonisation on a case by case basis - but their methods cause centralisation.
From the report;
2.19 The main mechanisms by which legal harmonisation can be facilitated or achieved within Australia include:
-
High Court judicial interpretation;
-
High Court declaration of a single Australian common law;
-
Model legislation;
-
Referral of powers to the Commonwealth by the States;
-
Cooperative legislative schemes; and
-
Constitutional amendment.
The constitutional amendment has buckley's chance as voters have been
rejecting centralising referendums
in large numbers. I also like how they also believe the High Court can have a role in subverting the commonwealth and states with a proclamation on high - probably using the old standard of the corporations power (j/k).
To be truthful I find options one and two repugnant. A judicial arm of government is not supposed to operate that way.
We also need to recognise that nationalising laws and unitary parliament is a structural weakness. The co-operative legislative option is far better a choice.
Chapter 3 of the report includes a section of harmonisation of laws between Australia and New Zealand - noting that this is already occurring by different means on a case by case basis. The recommendations include;
-
The Committee recommends that the Senate and the House of Representatives of the Australian Parliament invite the New Zealand Parliament to establish a trans-Tasman standing committee to monitor and report annually to each Parliament on appropriate measures to ensure ongoing harmonisation of the respective legal systems.
-
The Committee further recommends that the trans-Tasman standing committee be required to explore and report on options that are of mutual benefit, including the possibility of closer association between Australia and New Zealand or full union.
-
The Committee recommends that the Australian Government actively pursue with the New Zealand Government the institution of a common currency for Australia and New Zealand.
-
The Committee further recommends that appropriately equitable arrangements would need to be put in place with respect to the composition of a resulting joint Reserve Bank Board.
-
The Committee recommends that the participating Australian governments move to offer New Zealand Government ministers full membership of Australasian (currently Australian) ministerial councils.
Increased co-operation between Parliaments is always a good thing. There is always a romantic sentiment to bring New Zealand into the fold of Australian federation, to finish what should have been done in 1901, but under globalisation the costs of being a nation-state are getting less and less.
New Zealand already gets many second-order effects from Australia anyway - such as a benevolent region due to Australian military projection. This means New Zealand has been able to avoid spending heavily on its military.
However, New Zealand isn't a basketcase and it is doubtful it needs Australia at all. This looks like Australian big-government centralisation with seems to be the dominant philosophy of governance in Australia.
More Reading on Australia
Most Popular on South Sea Republic
The articles that have been viewed the most:
Most Popular Restaurants in Phoenix
Phoenix Eats Out is the restaurant review site for
Phoenix,
Scottsdale and
Old Town Scottsdale which lists the modernist and contemporary restaurants, taverns and bars in the greater Phoenix area.
This is the list of the most popular restaurants pages from phoenixeatsout.com that have been viewed the most;
My personal favourite restaurants in Phoenix are
AZ88,
Postinos,
Bomberos with
Grazie,
Humble Pie,
Orange Table,
The Vig,
Fez and others coming close behind. View the complete list with the photo-journalistic style images on
phoenixeatsout.com
Most Popular Hikes in Arizona
Arizona is an outdoor state and has lots of hiking in the city and around the state. Phoenix is unusual for most cities in having several large mountains in the center of the city with great hiking. Anyone who comes to Phoenix has to do the
Echo Canyon trail on Camelback and the
Summit Hike on Squaw Peak or Piesta Peak. The views of the city, suburbs and surrounding mountains are wonderful from Camelback and Piesta Peak.
For more experienced hikers there is the McDowell Mountains in North Scottsdale that has several difficult and strenuous hikes in
Tom's Thumb and
Bell Pass. Alternatively, you can hike the highest mountain in Arizona. At 12,600 feet
Humphrey's Peak is a long and difficult hike.
Alternate Australian Constitutions
Between 2004 and 2009 this site,
southsearepublic.org, was a constitutional blog based on scoop which focused on Australian and global constitutional issues.
One of the strongest aspects of it was the development of constitutions by those involved in the blog. These constitutions are the outcome:
The constitutions were built using principles from Montesquieu's separation of powers, the enlightnment's universal political rights and the ancient Athenian technology of sortition and choice by lot.
Archives For South Sea Republic
South Sea Republic started in 2004 as an Australian constitutional blog in 2004 based on scoop software. It was an immigrative outgrowth of Kuro5hin. The archives for each year since then;
The articles are ordered by views.
Who Is Cam Riley

I am an Australian living in the United States as a permanent resident.
I am a software developer by trade and mostly work in Java and jump between middleware and front end.
I originally worked in the New York area of the United States in telecommunications before moving to Washington DC and
working in a mix of telecommunications, energy and ITS. I started my own software company before heading out to
Arizona and working with Shutterfly. Since then I have joined a startup in the Phoenix area and am thoroughly enjoying myself.
I do a lot of photography which I post on this website, but also on flickr. I have a photo-journalistic website which lists
the modernist and contemporary restaurants in phoenix. I have a site on the
Australian Flying Corps [AFC] which has been around since the 1990s and which I unfortunately
lost the .org URL to during a life event; however, it is under the
www.australianflyingcorps.com URL now.
The AFC website has gone through several iterations since the 90s and the two most recent are
Australian Flying Corps Archives(2004-2002) and
Australian Flying Corps Archives(2002-1999) which are good places to start.
Websites Worth Reading
Websites of friends, colleagues and of interest;