.jpg){kind=logo}
THE GILLARD GOVERNMENT AND THE
THE GILLARD GOVERNMENT AND THE
CONSTITUTION
Issues such as carbon tax and cigarette packaging may seem to have nothing
to do with our business of the Crown, but potentially everything to do with
the Constitution, which the Australian Monarchist League is pledged to
protect.
CARBON TAX
On the matter of a carbon tax, we must question whether it is
constitutionally possible for the Commonwealth government to itself impose a
carbon tax along the lines proposed.
Section 51(ii.) of the Constitution empowers the Commonwealth to impose a
taxation but makes it clear that it must not discriminate between States or
parts of States:
Under the Gillard carbon tax some States and some parts of States will be
more greatly affected than others. The tax is clearly discriminatory and
whatever subsidies the government proposes to be put into place will not
detract but will most likely add to its inherent unconstitutionality.
PLAIN PACKAGING
Most people would consider smoking to be a vile, dirty and dangerous
addiction but is it not a contravention of the tenet of our constitutional
freedoms to prevent manufacturers of legal products, however despicable one
may consider those products to be, to display their wares?
Either the product is legal or it is not. If it is not, then sales should be
banned, but if it is, then surely manufacturers cannot be impeded from
legitimately selling and advertising their goods?
Parliament makes the law, but that law must confirm to the principles of the
freedom of the individual. Whilst some freedoms have to be given up for the
sake of law and order, parliament does not have the authority to act in a
vigilante fashion for the sake of temporary popularity and ride roughshod
over the rights of the people whether an individual or a major corporation.
Philip Benwell
National Chair
Australian Monarchist League
0419 417 097