Episode 33: The People's Constitution by Bronwyn Kelly (Chapter 8 - Parts 5, 6 & 7)

In Episode 33 Bronwyn Kelly reads Chapter 8 Parts 5, 6 and 7 of her book, The People's Constitution: the path to empowerment of Australians in a 21st century democracy. In Part 5 she discusses the last of four essential changes to the Constitution - the need to eliminate the clauses that enable racism. She recounts how the group most affected by these clauses - Aboriginal and Torres Strait Islander peoples - has encountered difficulties in developing ways to safely remove them without increasing the chance of adverse discrimination. Bronwyn then suggests that safe removal of the races clauses would be possible if all Australians were granted the right of self-determination in the Constitution. In Part 6 Bronwyn discusses how it is fundamental to Australia’s future as a cohesive, fair and prosperous society that the racist provisions in the Constitution should be repealed. But to ensure a safe repeal, Australian parliaments and executive governments will need to release some part of their grip on the paternalistic power they have enjoyed and, sadly, often misused under the current Constitution. The part of their grip on power that needs to be released is the part that prevents Australians from exploring what they can do for their communities with self-determination. Bronwyn argues that: "Self-determination may be viewed in an entirely positive light as a straightforward reform that has more capacity than any other to enhance the effective functioning of the state. As such, it is time that politicians and Australians both began exploring what it can do for them."She concludes in Part 6 that self-determination is the missing ingredient in the national project. It is the right by which a nation’s people may express their sovereign will. Smart governments will enhance our quality of life and increase the stability of the nation if they seek out the people’s will and adapt their sphere of power to ensure it is realised.In Part 7 Bronwyn explains that the objective of the book has been to create a space where all those empowered under the Constitution are invested with a reasonable share of power – a share sufficient to ensure that the nation’s project for the future, whatever it is, can be advanced in the interests of all, not just some, and that each empowered entity can play their full and, more importantly, their rightful part in democracy without abusing the power vested in them or the rights of another empowered party.To implement these reforms we need a broadened structure for the Constitution to include: (1) a Statement of Australian Values; (2) a National Agreement on Human Rights and Obligations; (3) a National Peoples Voice alongside an Indigenous Voice; and (4) four other smaller consequential amendments to: (a) limit political donations, (b) reduce the powers of the governor-general, (c) reduce the power of the prime minister on war, and (d) eliminate clauses permitting racism. All of this can be achieved without destabilising the state. Bronwyn explains how: "The proposals take nothing from the powers of the elected Commonwealth parliaments, executive governments or the states. They simply offer the full share of a new type of power to the people – a power that is not being exercised by anyone at the moment and which, in any case, no-one is lawfully authorised to exercise. In this proposed new constitutional arrangement the people are accorded the power to voice their aspirations – the power to say what they want to become as a nation. They can fill a gap in power with something that is absolutely necessary to democracy – the rightful power of the people to express their sovereign will. … So far from being a threat to elected parties, a people’s constitution would enhance and properly legitimise the power of all parties to that old Constitution, compared to the power they can legitimately exercise now."Bronwyn finalises Chapter 8 by saying that the challenge of transitioning to a people’s constitution is not at all insurmountable. With a degree of good will and genuine commitment to community engagement it can be managed with decency and even create great excitement about the nation we can become. 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