Burnside on Rights

Via avo: Cameron Reilly is an Australian tech entrepreneur who started the Pod Cast Network. Not only do we share the same name (I am Cameron Riley not Cameron Reilly) we are also the same age and know the same people, one of who publishes on SSR. A small world. Cameron Reilly has a podcast exploring the issue of whether Australia should have a Bill of Rights and if it will give Australia its moral compass back. He interviews Julian Burnside.

Burnside argues that a Bill of Rights is necessary now because the government has passed laws which contravene basic liberties and rights. Burnside commented that he did not think Australia needed a Bill of Rights in the past because he believed Australia would respect basic rights and liberties.

Through his experiences in the last six years Burnside is concerned that without a Bill of Rights an innocent individual can be detained or imprisoned for life through the Migration Act.

Burnside's view on rights is based in liberalism as he notes that the constitution doesn't differentiate on liberty by citizenship or accidents of birth. Rights are fundamental; liberties universal and consequently inalienable.

He also argues that most of the legislative discrimination was for electoral purposes. He considers it unethical and immoral to pass such legislation and to use it for electoral advantage. Burnside says that the government did their polling and new they could run on border security, which after the September 11th attacks on the US became anti-terrorism.

However he castigates the opposition for agreeing to the pacific solution and the anti-terror laws which place many fundamental liberties under threat. The opposition party is one seeking majority so they will not act to isolate a significant component of the electorate. That is generally known as small-target campaigning or avoiding a wedge.

Burnside sees opposition parties as providing a moral wall to immoral governance, but if the government is discriminating against individuals for electoral gain - no matter how immoral - we would expect the other major party to do so too. Parties exist to obtain government first and foremost.

Republicanism has the answer for this. Republicanism is predicated on the minority accepting the majority's will through representative government but with the knowledge that the minority's rights are secured and inalienable through the constitution. This is where Australia has failed in its government structure and why it is not a republican government. Republican government with entrenched rights protects against the majority parties using tyranny as an electoral tool.

There are other issues with a Bill of Rights too as it is pivotal to constitutional and judicial doctrine that has direct effects on governance. Burnside's concerns are mainly pragmatic from his direct experiences in defending those that have been placed in limbo by discriminative Australian law.

It is a good interview. Well worth a listen.

Permalink, Burnside on Rights, Sep 2007, cam
Cameron Reilly: Wow Cam, great summary. Thanks for taking the trouble to go into so much detail.
avocadia: You're also both excitable :- )

I'm unconvinced a bill of rights will give Australia back its moral compass. In the end, it is just some legal restrictions on the government.

However, the leadership that would be required to get a bill of rights enacted would go some way to redirecting Australia towards the morality of liberty, if I might borrow a really corny phrase.
cam: In the end, it is just some legal restrictions on the government.

Which is a pragmatic necessity, and while Burnside touched on the moral nature of governance, his main concern was restricting the executive and legislative.

However, Deniehy and Harpur's insight that Republicanism serves moral improvement through minimisation of tyranny and maximisation of liberty is a valid one IMO. Republicanism does serve a morality and IIRC a certain someone wrote:

the moral force that liberal democracy serves is the morality of liberty

Oh wait it was you! :)

I don't see a disagreement between the pragmatic need, the constitutional need or the moral need. They all produce the same outcome. But first and foremost I agree that it has to restrict executive and legislative capability.
cam: cam, no worries, SSR pretty much talks about these kinds of things incessantly, so it was right up our alley.

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