are " un-repeallable " laws , legal ? , page 1

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Topic started on 16-3-2010 @ 11:47 PM by ignorant_ape

hi , my observance here , in the thread about the abolition of the australian death penalty , concerns me more than any debate about the merits or demerits of capital punishment

i will state it again -

they [ the current parliament ] have enacted a law that they claim cannot be reppealled by ANY future legislative assembly

that is simply wrong on EVERY level

just think of what a corrupt majority could acheive , and never have its work undone

this IMHO is a far more serious issue for ATS to chew on than any debate about wether australia should / should not have a capital punishment option

[edit on 16-3-2010 by ignorant_ape]

reply posted on 17-3-2010 @ 01:33 AM by FortAnthem

Sounds pretty silly to me. Here in the US, even an Amendment to the Constitution can be overruled by another Amendment later on. It happened with prohibition.

For a legislature to declare a law "un-repealable" shows the arrogance of the members of that legislature.

I hope the next group of guys voted in repeals it just to spite 'em.

reply posted on 17-3-2010 @ 02:34 AM by Glencairn

There was something like that here in the U.S. on page 1020 of the senate health bill. An article on "The Atlantic" web site talks about why process is important and gets into the issue on page 1020 of the Reid bill that attempts to prevent future Congresses from altering bits of the legislation.

From Senator Jim DeMint's comments on the section:

There's one provision that I found particularly troubling and it's under section c, titled "limitations on changes to this subsection." and I quote -- "it shall not be in order in the senate or the house of representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection."

So, it looks like governments are doing whatever they can to have their own way and make changing their decisions as hard as possible.

Take care,
Cindi

reply posted on 17-3-2010 @ 02:40 AM by stumason

As Australia and other countries base their Law on English Common law, which includes the Bill of Rights 1689, no law can be made that cannot be undone.

It matters not if they say it can't be undone, it can. We sometimes get this kind of response here in the UK, whether it be about EU membership or Cannabis laws. Often, the politicans will say "well, it's Law now" and hope to god that someone doesn't click.

David Cameron recently said something similiar about the Lisbon Treaty, stating as it had passed into Law, he couldn't offer the referendum as it couldn't be undone. This is obviously total bollocks, but most people would just accept it and move on.

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