Jacqui the fuckwit is very fond of inserting references to 'Australian Law' into her didactic. It makes her sound authoritative, intelligent, knowledgeable. Well, it does to those who listen to this pathetic pile of shit, at least.
Why does she reference 'Australian Law' and what does it mean when she does?
In Jacqui's outstanding interview with Barrie Cassidy (who seems like a truly nice man) she references it a lot, along with 'Our Constitute' - her magnificent disregard for syntax is applause-worthy in this interview - but seems completely unaware that in the context she employs it, she ties herself into a paradoxical statement.
Let's start with The Constitution - or more correctly the Commonwealth of Australia Constitution Act (1900). I hear 'The Constitution' referred to at times by people in almost mythical tones. "Oh, you can't do that!", they say, "It's unconstitutional!"
I think perhaps the confusion lies with fuzzy-headed Australians being exposed to too much American culture and gaining some sort of hazy impression that the thing we refer to as a constitution is the same thing as the one our American friends do. But here's the thing - this particular Act is not an Australian Federal Act at all.
WTF? I hear you say. Well, it isnt. This is an Act of the Parliament of the United Kingdom. It is, in essence, the document that says "The UK hereby grants Australia the right to look after itself - with certain provisions". It is the document that Republicans want to do away with. If you have ever wondered just exactly why we have a Governor General, their powers and what exactly their role is - this is the document that sets it all out. It is the prime, the number one, the ultimate source of all that is law, order and governance in Australia - a pretty important document.
We also now have the dual Australia Act 1986. Dual in that two almost identical versions were simultaneously passed in both the UK and Australia. It prevents the UK from meddling with the original Commonwealth of Australia Constitution Act, a bit of other housekeeping and not much else. When people say 'Constitution' - they are referring to that original 1900 UK Act.
As far as constitutions go, it lacks. There is no 'Bill of Rights', for example. Anyone in Australia who proclaims something to be a 'Constitutional Right' is in all but a very select number of cases talking pure drivel.
You do get a couple of express rights in it though. You get the right to a trial by jury, on one hand. You have the right to be compensated if the commonwealth acquires your property from you. You have the right not to be discriminated against in one state because you come from a different state. And that's it - those three things are your 'Constitutional Rights'.
You do get an express freedom as well - just one. And it is a particularly important one - most so when Jacqui starts bleating about Muslims and The Constitution.
This express freedom is contained in Section 116 of the Commonwealth of Australia Constitution Act 1900 and it says;
"The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth."
This is 'Freedom of Religion' in a nutshell - the only express freedom in the entire Constitution is one that guarantees that any person is free to practice any religion they wish to.
So when Jacqui drivels about 'Muslims' needing to observe The Constitution, or GTFO - what she's saying is a complete nonsense.
She says that no Muslims should observe Sharia Law because it is unconstitutional. But it is the very constitution itself that gives a person the right to live their life by Sharia Law and be, by doing so, a Muslim.
I think, Jacqui, you need to sit yourself down and read up on this shit. Because this interview took place some while ago now and still you are present in the media still banging on about the same muddled and muddied understanding of 'Australian Law' that resides in your thickly-browed head.
Just fuck off Jacqui, go vacuum the carpets, you braindead cunt.
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