ibid.: 19.
Whereas Canada is founded upon principles that recognize the
supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the
rights and freedoms set out in it subject only to such reasonable
limits prescribed by law as can be demonstrably justified in a free
and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3. Every citizen of Canada has the right to vote in an election
of members of the House of Commons or of a legislative assembly and
to be qualified for membership therein.
4. (1) No House of Commons and no legislative assembly shall
continue for longer than five years from the date fixed for the
return of the writs at a general election of its members.
(2) In time of real or apprehended war, invasion or
insurrection, a House of Commons may be continued by Parliament and
a legislative assembly may be continued by the legislature beyond
five years if such continuation is not opposed by the votes of more
than one-third of the members of the House of Commons or the
legislative assembly, as the case may be.
5. There shall be a sitting of Parliament and of each
legislature at least once every twelve months.
Mobility Rights
6. (1) Every citizen of Canada has the right to enter, remain in
and leave Canada.
(2) Every citizen of Canada and every person who has the status
of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a
province other than those that discriminate among persons primarily
on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as
a qualification for the receipt of publicly provided social
services.
(4) Subsections (2) & (3) do not preclude any law, program
or activity that has as its object the amelioration in a province
of conditions of individuals in that province who are socially or
economically disadvantaged if the rate of employment in that
province is below the rate of employment in Canada.
Legal Rights
7. Everyone has the right to life, liberty and security of the
person and the right not to be deprived thereof except in
accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable
search or seizure.
9. Everyone has the right not to be arbitrarily detained or
imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be
informed of that right; and
(c) to have the validity of the detention determined by way of
habeas corpus and to be released if the detention is not
lawful.
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific
offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against
that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law
in a fair and public hearing by an independent and impartial
tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in case of an offence under military law tried before
a military tribunal, to the benefit of trial by jury where the
maximum punishment for the offence is imprisonment for five years
or a more severe punishment;
(g) not to be found guilty on account of any act or omission
unless, at the time of the act or omission, it constituted an
offence under Canadian or international law or was criminal
according to the general principles of law recognised by the
community of nations;
(h) if finally acquitted of the offence, not to be tried for it
again and, if finally found guilty and punished for the offence,
not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the
offence has been varied between the time of commission and the time
of sentencing, to the benefit of the lesser punishment.
12. Everyone has the right not to be subjected to any cruel and
unusual treatment or punishment.
13. Any witness who testifies in any proceedings has the right
not to have any incriminating evidence so given used to incriminate
that witness in any other proceedings, except in a prosecution for
perjury or for the giving of contradictory evidence.
14. A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are
conducted or who is deaf has the right to the assistance of an
interpreter.
Equality Rights
15. (1) Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of the law
without discrimination and, in particular, without discrimination
based on race, national or ethnic origin, colour, religion, sex,
age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or
activity that has as its object the amelioration of conditions of
disadvantaged individuals or groups including those that are
disadvantaged because of race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.
Official Languages of Canada
16. (1) English and French are the official languages of Canada
and have equality of status and equal rights and privileges as to
their use in all institutions of the Parliament and government of
Canada.
(2) English and French are the official languages of New
Brunswick and have equality of status and equal rights and
privileges as to their use in all institutions of the legislature
and government of New Brunswick.
(3) Nothing in this Charter limits the authority of Parliament
or a legislature to advance the equality of status or use of
English and French.
17. (1) Everyone has the right to use English or French in any
debates and other proceedings of Parliament.
(2) Everyone has the right to use English or French in any
debates and other proceedings of the legislature of New
Brunswick.
18. (1) The statutes, records and journals of Parliament shall
be printed and published in English and French and both language
versions are equally authoritative.
(2) The statutes, records and journals of the legislature of New
Brunswick shall be printed and published in English and French and
both language versions are equally authoritative.
19. (1) Either English or French may be used by any person in,
or in any pleading in or process issuing from, any court
established by Parliament.
(2) Either English or French may be used by any person in, or in
any pleading in or process issuing from, any court established by
the legislature of New Brunswick.
20. (1) Any member of the public in Canada has the right to
communicate with, and to receive available services from, any head
or central office of an institution of the Parliament or government
of Canada in English or French, and has the same right with respect
to any other office of any such institution where
(a) there is a significant demand for communications with and
services from that office in such language; or
(b) due to the nature of the office, it is reasonable that
communications with and services from that office be available in
both English and French.
(2) Any member of the public in New Brunswick has the right to
communicate with, and to receive available services from, any
office of an institution of the legislature or government of New
Brunswick in English or French.
21. Nothing in sections 16 to 20 abrogates or derogates from any
right, privilege or obligation with respect to the English and
French languages, or either of them, that exists or is continued by
virtue of any other provision of the Constitution of Canada.
22. Nothing in sections 16 to 20 abrogates or derogates from any
legal or customary right or privilege acquired or enjoyed either
before or after the coming into force of this Charter with respect
to any language that is not English or French.
Minority Language Educational Rights
23. (1) Citizens of Canada
(a) whose first language learned and still understood is that of
the English or French linguistic minority population of the
province in which they reside, or
(b) who have received their primary school instruction in Canada
in English or French and reside in a province where the language in
which they received that instruction is the language of the English
or French linguistic minority population of the province,
have the right to have their children receive primary and secondary
school instruction in that language in that province.
(2) Citizens of Canada of whom any child has received or is
receiving primary or secondary school instruction in English or
French in Canada, have the right to have all their children receive
primary and secondary school instruction in the same language.
(3) The right of citizens of Canada under subsections (1) and
(2) to have their children receive primary and secondary school
instruction in the language of the English or French linguistic
minority population of a province
(a) applies wherever in the province the number of children of
citizens who have such a right is sufficient to warrant the
provision to them out of public funds of minority language
instruction; and
(b) includes, where the number of those children so warrants,
the right to have them receive that instruction in minority
language educational facilities provided out of public funds.
24. (1) Anyone whose rights or freedoms, as guaranteed by this
Charter, have been infringed or denied may apply to a court of
competent jurisdiction to obtain such remedy as the court considers
appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court
concludes that evidence was obtained in a manner that infringed or
denied any rights or freedoms guaranteed by this Charter, the
evidence shall be excluded if it is established that, having regard
to all the circumstances, the admission of it in the proceedings
would bring the administration of justice into disrepute.
General
25. The guarantee in this Charter of certain rights and freedoms
shall not be construed so as to abrogate or derogate from any
aboriginal, treaty or other rights or freedoms that pertain to the
aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognised by the
Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of land claims
agreements or may be so acquired.
26. The guarantee in this Charter of certain rights and freedoms
shall not be construed as denying the existence of any other rights
or freedoms that exist in Canada.
27. This Charter shall be interpreted in a manner consistent
with the preservation and enhancement of the multicultural heritage
of Canadians.
28. Notwithstanding anything in this Charter, the rights and
freedoms referred to in it are guaranteed equally to male and
female persons.
29. Nothing in this Charter abrogates or derogates from any
rights or privileges guaranteed by or under the Constitution of
Canada in respect of denominational, separate or dissentient
schools.
30. A reference in this Charter to a province or to the
legislative assembly or legislature of a province shall be deemed
to include a reference to the Yukon Territory and the Northwest
Territories, or to the appropriate legislative authority thereof,
as the case may be.
31. Nothing in this Charter extends the legislative powers of
any body or authority.
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all
matters within the authority of Parliament including all matters
relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in
respect of all matters within the authority of the legislature of
each province.
(2) Notwithstanding subsection (1), section 15 shall not have
effect until three years after this section comes into force.
33. (1) Parliament or the legislature of a province may
expressly declare in an Act of Parliament or of the legislature, as
the case may be, that the Act or a provision thereof shall operate
notwithstanding a provision included in section 2 or sections 7 to
15 of this Charter.
(2) An Act or a provision of an Act in respect of which a
declaration made under this section is in effect shall have such
operation as it would have but for the provision of this Charter
referred to in the declaration.
(3) A declaration made under subsection 1) shall cease to have
effect five years after it comes into force or on such earlier date
as may be specified in the declaration.
(4) Parliament or the legislature of a province may re-enact a
declaration made under sibsection (1).
(5) Subsection (3) applies in respect of a re-enactment made
under subsection (4).
Citation
34. This Part may be cited as the Canadian Charter of Rights and
Freedoms.
1. Short Title and commencement-
(1) This Act may be cited as the New Zealand Bill of Rights Act
1990.
(2) This Act shall come into force on the 28th day after the
date on which it receives the Royal assent.
PART 1
GENERAL PROVISIONS
2. Rights affirmed-The rights and freedoms
contained in this Bill of Rights are affirmed.
3. Application-This Bill of Rights applies only to acts
done-
(a) By the legislative, executive, or judicial branches of the
government of New Zealand; or
(b) By any person or body in the performance of any public
function, power, or duty conferred or imposed on that person or
body by or pursuant to law.
4. Other enactments not affected-No court shall, in relation to
any enactment (whether passed or made before or after the
commencement this Bill of Rights),-
(a) Hold any provision of the enactment to be impliedly repealed
or revoked, or to be in any way invalid or ineffective; or
(b) Decline to apply any provision of the enactment-by reason
only that the provision is inconsistent with any provision of this
Bill of Rights.
5. Justified limitations-Subject to section 4 of this Bill of
Rights, the rights and freedoms contained in this Bill of Rights
may be subject only to such reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic society.
6. Interpretation consistent with Bill of Rights to be
preferred-Wherever an enactment can be given a meaning that is
consistent with the rights and freedoms contained in this Bill of
Rights, that meaning shall be preferred to any other meaning.
7. Attorney-General to report to Parliament where Bill appears
to be inconsistent with Bill of Rights-Where any Bill is introduced
into the House of Representatives, the Attorney-General shall,-
(a) In the case of a Government Bill, on the introduction of
that Bill; or
(b) In any other case, as soon as practicable after the
introduction of the Bill,-
bring to the attention of the House of Representatives any
provision in the Bill that appears to be inconsistent with any of
the rights and freedoms contained in this Bill of Rights.
PART II
CIVIL AND POLITICAL RIGHTS
Life and Security of the Person
8. Right not to be deprived of life-No one shall be deprived of
life except on such grounds as are established by law and are
consistent with the principles of fundamental justice.
9. Right not to be subjected to torture or cruel
treatment-Everyone has the right not to be subjected to torture or
to cruel, degrading or disproportionately severe treatment or
punishment.
10. Right not to be subjected to medical or scientific
experimentation-Everyone has the right not to be subjected to
medical or scientific experimentation without that person's
consent.
11. Right to refuse to undergo medical
treatment-Everyone has the right to refuse to
undergo any medical treatment.
Democratic and Civil Rights
12. Electoral rights-Every New Zealand citizen who is of or over
the age of 18 years-
(a) Has the right to vote in genuine periodic elections of
members of the House of Representatives, which elections shall be
by equal suffrage and by secret ballot; and
(b) Is qualified for membership of the House of
Representatives.
13. Freedom of thought, conscience, and religion-Everyone has
the right to freedom of thought, conscience, religion, and belief,
including the right to adopt and to hold opinions without
interference.
14. Freedom of expression-Everyone has the right to freedom of
expression, including the freedom to seek, receive, and impart
information and opinions of any kind in any form.
15. Manifestation of religion and belief-Every person has the
right to manifest that person's religion or belief in worship,
observance, practice, or teaching, either individually or in
community with others, and either in public or in private.
16. Freedom of peaceful assembly-Everyone has the right to
freedom of peaceful assembly.
17. Freedom of association-Everyone has the right to freedom of
association.
18. Freedom of movement-
(1) Everyone lawfully in New Zealand has the right to freedom of
movement and residence in New Zealand.
(2) Every New Zealand citizen has the right to enter New
Zealand.
(3) Everyone has the right to leave New Zealand.
(4) No one who is not a New Zealand citizen and who is lawfully
in New Zealand shall be required to leave New Zealand except under
decision taken on grounds prescribed by law.
Non-Discrimination and Minority Rights
19. Freedom from discrimination-
(1) Everyone has the right to freedom from discrimination on the
ground of colour, race, ethnic or national origins, sex, marital
status, or religious or ethical belief.
(2) Measures taken in good faith for the purpose of assisting or
advancing persons or groups of persons disadvantaged because of
colour, race, ethnic or national origins, sex, marital status, or
religious or ethical belief do not constitute discrimination.
20. Rights of minorities-A person who belongs to an ethnic,
religious, orlinguistic minority in New Zealand shall not be denied
the right, in community with other members of that minority, to
enjoy the culture, to profess and practise the religion, or to use
the language, of that minority.
Search, Arrest and Detention
21. Unreasonable search and seizure-Everyone has the right to be
secure against unreasonable search or seizure, whether of the
person, property or correspondence or otherwise.
22. Liberty of the person-Everyone has the right not to be
arbitrarily arrested or detained.
23. Rights of persons arrested or detained-
(1) Everyone who is arrested or who is detained under any
enactment-
(a) Shall be informed at the time of the arrest or detention of
the reason for it; and
(b) Shall have the right consult and instruct a lawyer without
delay and to be informed of that right; and
(c) Shall have the right to have the validity of the arrest or
detention determined without delay by way of habeas corpus
and to be released if the arrest or detention is not lawful.
(2) Everyone who is arrested for an offence has the right to be
charged promptly or to be released.
(3) Everyone who is arrested for an offence and is not released
shall be brought as soon as possible before a court or competent
tribunal.
(4) Everyone who is-
(a) Arrested; or
(b) Detained under any enactment -
for any offence or suspected offence shall have the right to
refrain from making any statement and to be informed of that
right.
(5) Everyone deprived of liberty shall be treated with humanity
and with respect for the inherent dignity of the person.
24. Rights of persons charged-Everyone who is charge with an
offence-
(a) Shall be informed promptly and in detail of the nature and
cause of the charge; and
(b) Shall be released on reasonable terms and conditions unless
there is just cause for continued detention; and
(c) Shall have the right to consult and instruct a lawyer;
and
(d) Shall have the right to adequate time and facilities to
prepare a defence; and
(e) Shall have the right, except in the case of an offence under
military law tried before a military tribunal, to the benefit of a
trial jury when the penalty for the offence is or includes
imprisonment for more than 3 months; and
(f) Shall have the right to receive legal assistance without
cost if the interests of justice so require and the person does not
have sufficient means to provide for that assistance; and
(g) Shall have the right to have the free assistance of an
interpreter if the person cannot understand or speak the language
used in court.
25. Minimum standards of criminal procedure-Everyone who is
charged with an offence has, in relation to the determination of
the charge, the following minimum rights:
(a) The right to a fair and public hearing by an independent and
impartial court;
(b) The right to be tried without undue delay;
(c) The right to be presumed innocent until proved guilty
according to law;
(d) The right not to be compelled to be a witness or to confess
guilt;
(e) The right to be present at the trial and to present a
defence;
(f) The right to examine the witnesses for the prosecution and
to obtain the attendance and examination of witnesses for the
defence under the same conditions as the prosecution;
(g) The right, if convicted of an offence in respect of which
the penalty has been varied between the commission of the offence
and sentencing, to the benefit of the lesser penalty;
(h) The right, if convicted of the offence, to appeal according
to law to a higher court against the conviction or against the
sentence or against both;
(i) The right, in the case of a child, to be dealt with in a
manner that takes account of the child's age.
26. Retroactive penalties and double jeopardy-
(1) No one shall be liable to conviction of any offence on
account of any act or omission which did not constitute an offence
by such person under the law of New Zealand at the time it
occurred.
(2) No one who has been finally acquitted or convicted of, or
pardoned for, an offence shall be tried or punished for it
again.
27. Right to justice-
(1) Every person has the right to the observance of the
principles of natural justice by any tribunal or other public
authority which as the power to make a determination in respect of
that person's rights, obligations, or interests protected or
recognised by law.
(2) Every person whose rights, obligations, or interests
protected or recognised by law have been affected by a
determination of any tribunal or other public authority has the
right to apply, in accordance with law, for judicial review of that
determination.
(3) Every person has the right to bring civil proceedings
against, and to defend civil proceedings brought by, the Crown, and
to have those proceedings heard, according to law, in the same way
as civil proceedings between individuals.
PART III
MISCELLANEOUS PROVISIONS
28. Other rights and freedoms not affected-An existing right or
freedom shall not be held to be abrogated or restricted by reason
only that the right or freedom is not included in this Bill of
Rights or is included only in part.
29. Application to legal persons-Except where the provisions of
this Bill of Rights otherwise provide, the provisions of this Bill
of Rights apply, so far as practicable, for the benefit of all
legal persons as well as for the benefit of all natural
persons.
We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our
land;
Repect those who have worked to build and develop our country;
and
Believe that South Africa belongs to all those who live in it,
united in our diverity.
We therefore, through our freely elected representatives, adopt
this Constitution as the supreme law of the Republic so as to-
Heal the Divions of the past and establish a society based on
demoicratic values, social justice and fundamental human
rights:
Lay the foundations for a democratic and open society in which
government is based on the will of the people and every citizen is
equally protected by law;
Improve the quality of life of all citizens and free the
potential of each person;
Build a united and democratic South Africa able to take its
rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel'iAfrika. Morena boloka setjhaba sa heso.
God seen Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
1. Malcolm Fraser
Australians freely enter this solemn covenant to establish
democratic government for the advancement of all citizens, and for
the protection of the State.
This covenant guarantees basic freedoms essential to a civilised
society, in particular it guarantees freedom of association,
freedom of religion and freedom of speech.
This covenant establishes abiding rules which can only be
changed by the decision of all Australians through the defined
process of referendum.
The High Court of Australia will be the custodian of this
covenant and the ultimate authority for the resolution of disputes.
Stability and clarity of interpretation of this covenant and of
laws established in accordance with its provisions will be the
court's full responsibility.
Accordingly, the parliament, alone, with the executive
government is established to protect and advance the purposes of
this covenant, and to make laws for the safety and well being of
all Australians.
The fundamental principles of such laws shall embrace
universality and non-discrimination. Laws may be made to relieve
hardship, to address adversity. Indeed a basic objective of this
covenant is to advance an egalitarian society where all people are
equal before the law, with equal access to the law.
This covenant recognises that Australia is irreversibly
multicultural, containing citizens from many diverse countries
representing all creeds. Laws based on race or religion are
essentially discriminatory and are thus forbidden by this
covenant.
Through this covenant Australians unite, to establish both
government and judiciary, recognising that the good order and
conduct of society requires laws applicable to all with just and
humane administration.
This covenant is based on sovereignty residing irrevocably with
each citizen. Institutions established by citizens freely joining
together, exist by the will of the people with whose government
they are entrusted.
Government established by the rules of this covenant is to be
representative of the people, responsible at all times through the
Parliament to the people.
Malcolm Fraser was Prime Minister of Australia 1975-83.
Australian, Jan 27-28, 1996: 7.
2. Malcolm Turnbull
Whereas the people of NSW, Victoria, South Australia,
Queensland, Tasmania and Western Australia, humbly relying on the
blessing of Almighty God agreed to unite in one indissoluble
Federal Commonwealth under the Crown of Great Britain and Ireland
and under the Constitution hereby established: And whereas that
Federal Commonwealth, the Commonwealth of Australia, evolved into
an independent nation under the Crown of Australia: We, the people
of Australia, united in an indissoluble Commonwealth of States,
acknowledging the equality of all under the law regardless of
colour, race, sex or creed declaring ourselves to be free,
sovereign and independent, agree to be bound by these principles of
equality and by the provisions of this Constitution.
Malcolm Turnbull is chairman of the Australian Republican
Movement. Australian, January 27-28, 1996: 7.
3. George Winterton
Whereas the original, indigenous Australians held in trust this
continent of which all Australians are now trustees: And whereas
the people of NSW, Victoria, South Australia, Queensland, Tasmania
and Western Australia, humbly relying on the blessing of Almighty
God, agreed to unite in one indissoluble Federal Commonwealth under
the Crown of the United Kingdom of Great Britain and Ireland, and
under the Constitution hereby established: And whereas that Federal
Commonwealth, the Commonwealth of Australia, evolved into an
independent nation under the Crown of Australia: And whereas the
people of Australia have decided to constitute the Commonwealth of
Australia as an independent federal republic founded upon
democratic government, the rule of law and the equality of all
citizens before the law, and dedicated to the principle of the
equal worth and dignity of every human being: We, the people of
Australia, do hereby enact and give to ourselves this
Constitution.
George Winterton is Professor of Law at the University of NSW.
Australian, Jan 27-28, 1996: 7.
4. Zita Antonios
And whereas Aboriginal and Torres Strait Islander people have a
distinct cultural status as indigenous peoples, with traditional
laws, customs and ways of life that have evolved over thousands of
years: And whereas the people of Australia now include its
indigenous peoples, together with peoples drawn from many nations
and of many cultures, who live together in a multicultural society:
And whereas Australia is established as a democratic State, subject
to the rule of law and embracing the values of equality, liberty,
justice, and the human dignity of all people: And whereas the
people of Australia are united in an indissoluble Commonwealth: We,
the people of Australia, agree to be bound by the provisions of
this Constitution.
Zita Antonios is the Commonwealth Race Discrimination
Commissioner. Australian, Jan 27-28, 1996: 7.
5. Lois O'Donoghue
Australians affirm their Constitution as the foundation of their
commitment to, and their aspirations for, constitutional
government. Our nation dedicates itself to a responsible and
representative system of government that is inclusive of all its
people, upholds fundamental human rights, respects and cherishes
diversity, and ensures full participation in its social, cultural
and economic life. Australia recognises the Aboriginal peoples and
Torres Strait Islanders as its indigenous peoples with continuous
rights by virtue of that status. We seek a united Australia that
respects and protects the land and the indigenous heritage, values
the cultures of its peoples, and provides justice and equity for
all. The authority for this Constitution derives from all
Australians.
Lois O'Donoghue was head of the Aboriginal and Torres Strait
Islander Commission 1990-1996. Australian, Jan 27-28,
1996: 7.
6. Aboriginal and Torres Strait Islander
Commission
Whereas the territory of Australia has long been occupied by
Aboriginal peoples and Torres Strait Islanders whose ancestors
inhabited Australia and maintained traditional titles to the land
for thousands of years before British settlement;
And whereas many Aboriginal peoples and Torres Strait Islanders
suffered dispossession and dispersal upon exclusion from their
traditional lands by the authority of the Crown;
And whereas Aboriginal peoples and Torres Strait Islanders,
whose traditional laws, customs and ways of life have evolved over
thousands of years, have a distinct cultural status as indigenous
peoples;
And whereas the people of Australia now include Aboriginal
people, Torres Strait Islanders, migrants and refugees from many
nations, and their descendants seeking peace, freedom, equality and
good government for all citizens under law;
And whereas the people of Australia drawn from diverse cultures
and races have agreed to live in one indissoluble federal
Commonwealth under the Constitution established a century ago and
approved with amendment by the will of the people of Australia;
Be it therefore enacted ...
Aboriginal and Torres Strait Islander Commission (Proposed
Preamble to the Australian Constitution, submission to the Republic
Advisory Committee 1993)
7 Joan Kirner
Whereas the people of New South Wales, Victoria, South
Australia, Queensland, Tasmania and Western Australia, humbly
relying on the blessing of Almighty God, agreed to unite in one
indissoluble Federal Commonwealth under the Crown of the United
Kingdom of Great Britain and Ireland, and under the Constitution
hereby established.
And whereas the Federal Commonwealth, the Commonwealth of
Australia, has evolved into an independent nation under the Crown
of Australia: We the people of Australia, now a Commonwealth of
states, acknowledge: the prior ownership of this land by its
indigenous people and respect the spirit of this land:
The equality of all before the law, regardless of colour, race,
gender or belief and the right to freedom of speech and
association. The right of all to food, employment, education,
housing, and transport and freedom from fear and violence. And we
declare ourselves to be free, sovereign and independent and bound
by the provisions of this Constitution.
Joan Kirner was Premier of Victoria 1990-1992.
Republic, Winter 1995, vol. 3 no. 2: 5.
Reports and Discussion Papers
ACT Bill of Rights 1995 (Introduced into the ACT
Assembly by Mr Connolly as a Private Member's Bill).
A Bill of Rights for the ACT?, Canberra, ACT
Attorney-General's Department, 1993.
An Australian Republic-The Options, vol. 1, The
Report (Report of the Republic Advisory Committee), Canberra,
AGPS, 1993.
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