foundation law

* In recognition of Aboriginal and Torres Strait Islander peoples, do you agree to an amendment to the Constitution to enable equal rights between women and men?

1. The Constitution of Australia is a foundation legal document.

2. In order to preserve the integrity of law, recognition of Aboriginal and Torres Strait Islander peoples in the Constitution must accommodate recognition of customary Aboriginal and Torres Strait Islander foundation law, where such law can be found to exist.

3. Justice John von Doussain in the Federal Court recognised customary foundation law with the view he was "not satisfied on the evidence before this Court that the applicants have established on the balance of probabilities that restricted women's knowledge as revealed to Dr Fergie and Professor Saunders was not part of genuine Aboriginal tradition". [Chapman v Luminis Pty Ltd (No 5) (21 August 2001):400]

5. Customary foundation law enables governance by agreement between women's and men's legislative assemblies.

6. Recognition of customary foundation law in the Constitution rebadges the Senate a women's legislature with members elected by women and the House of Representatives a men's legislature with members elected by men, each with the same powers to initiate, review, amend, accept or reject legislation enacted with passage through both.

7. A Cabinet of an equal number of women, appointed by a majority of the women's legislature, and men, appointed by a majority of the men's legislature, reconciles the business of the Parliament and provides leadership.

8. Sovereignty resides with a Council of Governors-General comprising equal numbers of senior women and men.

9. The Courts recognise women's and men's jurisdictions.

10. Customary foundation law and equal rights between women and men are one and the same.

11. An application to the High Court to void an unaccompanied referendum question on the recognition of Aboriginal and Torres Strait Islander peoples in the preamble to the Constitution, on grounds of probity since the preamble in itself cannot accommodate foundation law, would in all probability succeed.

12. A referendum question on equal rights between women and men in recognition of Aboriginal and Torres Strait Islander peoples would receive overwhelming support because equal rights between women and men at law has received overwhelming support, other than foundation law where the opportunity has yet arisen, since the Constitution was enacted.

2mf.net

16 June, 2011