Cardinal Pell On Bills of Rights

Not sure why we should be listening to a Cardinal on the issue of a Bill of Rights, especially when their specialisation is religion, not politics or constitutionalism, however Cardinal Pell decided to weigh in on the subject recently.

Gary Sauer-Thompson discussed Pell's framing it within the culture wars, while Graham Young discusses Pell's speech as being intellectually slight and looks at differences between constitutional and statutory rights.

As I have commented before, a Bill of Rights is exclusionary. It stops the executive and legislative from intruding into liberties that are outside the domain of governance. It is particularly ironic in Pell's case as freedom of religion is one of the few entrenched constitutional rights in Australia.

Pell's fictions are exceptionally weak as well and are more stereotypes and talking points than a constitutionally or statutorially sound argument. Pell's argument is not really worth taking on other than for the reason that a Bill or Rights is an important component of limited republican government and constitutional liberalism.

This style of misrepresentation of rights is common in Australian conservative discourse; the bill of rights tag on SSR overflows with rebuttals;

I am firmly in the camp of a constitution being incomplete without a bill of rights which excludes government from any power of governance in certain areas and liberties. These remain solely within the powers of individual self-governance and where the judicial is appealed to in order to ensure that the executive and legislative do not intrude - not even slightly.

More

Avocadia has written a Bill of Rights within the Australian context. This was integrated into at least one constitution during the Constitution Fun Challenge. Avo's Bill of Rights was also used in the Gubernatorial Constitution for NSW and the Gubernatorial Sortitionist Constitution.

To make it abundantly clear the areas that the bill of rights excludes government from meddling in the Gubernatorial constitution contains:

The Executive shall execute no law; the Legislative shall make no law; and the Judicature shall endorse no law; that: ...

These become areas explicitly outside of executive and legislative governance.
adam: I thought you welcomed the role of non-specialists in publicly analysing the role of government?
cam: The irony is that I wouldnt trust the opinion of anyone in the executive or legislative (specialists) on the issue either. Too much self-interest involved from political specialists.
avocadia: The Church has been on the wrong side of this argument, like, forever. If 1215 was the start of this notion in the West that state power is limited, the Church was against it from the beginning, siding with John against the Barons. They had to be fought off like rabid mutts from the idea that state power derives from God - with them as the middle man of course - and they had to be fought off again from the idea that they hold a mortgage on the minds and souls of humanity. Their central conceit is the antithesis that the governed are the source of power.

A bill of rights is a slap in the face for the Church - any religion, really - and lending them any credence that their arguments in the matter are made in anything but bad faith is foolish. They are the fox in the henhouse.

We in the West eventually stepped on the throat of religion, told it it was a very bad dog indeed, and left it only those vestiges of authority it could con out of the believers. We kicked them out of the government equation. We should be helping everyone else in the world do the same rather than listening to bad actors like George Pell. Far from irony, Cam, I suspect Pell would be quite happy indeed to scrap freedom of religion if he felt he could get away with it.
Kieran Bennett:
"Man will never be free until the last king is strangled with the entrails of the last priest"

We may have officially abolished the church as the second estate, (well, less so in Britain), but the Church is far from out of the "government equation".

There are the subtle things. Faithful politicians pandering to churches at election time. Parliaments adopting faith based stances of things like stem cell research, euthanasia, RU486...

Then there's the tax breaks.

But the real role the Church is adopting in the modern government equation is that of subcontractor. Think government funding to religious schools, religious charities bidding for all and sundry government contracts, and in doing so profiting by taking on the role of the state in welfare and education.
Felix the Cassowary: Why am I unable to comment?
Felix the Cassowary: Just to be contrary and difficult, I don't understand why people complain that politicians listen to churches as if that is somehow an ethical challenge. Politicians are free to listen to groups of workers and employers, and weigh their opinions in parliament when making law. Politicians are free to listen to groups of scientists and those who follow them, and weigh their opinions in parliament when making law. Politicians are free to listen to groups of people who have certain hobbies and socialise in common.

Why can't they listen to religious people? They do comprise a significant proportion of our population, after all. Is it just because you don't agree with them? That's only a good reason not to vote for them, not to wish for them to be disenfranchised.

And especially in the case of Tony Abbot and other "faithful" politicians, would you prefer them to be dishonest? If their opinions cause you offense, don't vote for them. But don't ask them to lie.
Felix the Cassowary: Do forms here expire? That's really really nasty, especially when there's no explanation given.
Felix the Cassowary: I suppose my point, much more concisely, is that any polity that excludes people and opinions on the basis of religion is fundamentally unfree. I would prefer to live in a country with freedom of religion for everyone, including politicians and voters and lobbiests, than one which denies people political involvement just because they believe certain shared myths.

Nearly all organisations have a charter or constitution of one form or another which lays out the organisational and procedural manners.

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

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;