Episode 15: The People's Constitution by Bronwyn Kelly (Chapter 5 - Parts 7, 8 & 9)

In Episode 15 Bronwyn Kelly reads Chapter 5 Parts 7, 8 and 9 of her book, The People's Constitution: the path to empowerment of Australians in a 21st century democracy. Bronwyn begins by explaining that a Statement of Australian Values is not the only thing we need to add into our Constitution to ensure our wellbeing and security as a nation. We will also need a statement on human rights and obligations and a process the people can use for deeper and more detailed expression of the people’s will for the future. Until all this is enshrined in the Constitution, Australia will not be a democracy. In Part 8 of the Chapter Bronwyn explains how a Statement of Australian Values in the Constitution should be the sole decision of the people and should not be interfered with by the parliament or government. It should be accorded respect as an essential element of their sovereign people’s will and as a such must be justiciable. Bronwyn then explains why the Statement should be specific rather than tokenistic. She asserts that a specific values statement authorised by the people will change the parameters of power for the elected. It will set out key terms of trust between electors and the elected. Once these terms are in place, the electors are entitled to expect that laws will accord with their values, not undermine them.This is a whole new way of authorising power, one which places the public interests and purpose of the nation at the heart of the Constitution. No longer will the Constitution focus solely on the process for who might be elected; it will also describe what they are elected for – the overarching purpose of the nation, the reason why we wish in the 21st century to persist with the agreement we made 120 years earlier to “unite in one indissoluble Federal Commonwealth”.  Bronwyn then reads a starting draft of a Statement of Australian Values, based on the views of Australians as they have expressed them in surveys and commentary in the 21st century. She suggests that: "Should readers determine that I have misread these preferences or neglected something that is important, they should clamour for the opportunity of a constitutional convention to correct the picture painted here, or endorse it if they choose."    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit bronwynkelly.substack.com