Archive for February, 2009

Great Article: Defusing the American Right by Don Arthur

I meant to blog about this fabulous article by Don Arthur earlier (viewable here: http://www.cis.org.au/Policy/Summer08-09/arthur_summer08.html). It appeared in the Summer edition 2009 of Policy Magazine.

The article is primarily about the growing rift between conservatives and “libertarians” within the GOP. He discusses the view proposed by various libertarian thinkers and activists to realign themselves with the political left and the Democratic Party. The article mostly concerns the rift between social conservatives and libertarians – though he does later refer to “neo-conservatives” who are not necessarily social conservative. I was particularly captured by his depiction of the “conservative mind.” He refers to Haidt’s theory that people’s moral intuitions may be characterised as fitting into two groups: (i) J.S. Mill social contract theory; and (ii) Durkheimian theory of society. Conservatives adhere to the Durkheimian vision which he summarises as:

(i)               Harm/ Care principle;

(ii)              Fairness/ reciprocity;

(iii)             Ingroup Loyalty;

(iv)             Authority/respect; and

(v)              Purity/sanctity.

Libertarians adhere to the Millian world view which consists of (i) & (ii) to the exclusion of (iii), (iv) & (v).

The article is thought provoking and well written. However, I think “Fusionism” is not given a fair hearing. In doing so he makes selective use of Hayek, and overlooks the considerable Burkean influences on Hayek’s political philosophy. Without a lengthy excursion through either Hayek or Burke a few points could be made:

(i)         both reject rational design and share a similar “organic” view of society (Hayek termed this view “spontaneous order.”)

(ii)         Hayekian liberalism does not deny the importance of Burkean traditional institutions.

(iii)        both reject “natural rights” in place of “prescriptive rights” or time-honoured expectations that derive from custom. (Both no doubt would reject current proposals to implement a legislative Bill of Rights, and Hayek’s criticism of the UN Declaration of Universal Human Rights can be found in Law, Legislation and Liberty.)

All of which Arthur has overlooked or cast aside in providing us with this skewed narrative - that libertarians and conservatives face an ideological impasse.

I must confess a bias in all of this – I am a ‘fusionist” of sorts.

 

 

 

 

 

 

 

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My submission to the Senate Re: Plebiscite for an Australian Republic Bill 2008

Monday, 26 January 2009

The Secretary
Finance & Public Administration Committee
Parliament House
Canberra, ACT 2600
Fpa.sen@aph.gov.au

Re: Plebiscite for an Australian Republic Bill 2008

I am an Australian citizen who has a keen interest in parliamentary and constitutional issues. I graduated with a BA (with distinction)/ LLB from University of Wollongong in 2008. I have a keen interest in politics and parliamentary process.

In response to the invitation to make a submission on this bill, I wish to put the following to the Committee:

(I) There is only one way to change the constitution. This is via a referendum pursuant to s128 of the Constitution. A plebiscite can have no legal effect.

(II) Details of the proposed republic have not been disclosed to the public.

(III) I believe a plebiscite on a republic would be undesirable for three reasons:
(a) Firstly, a plebiscite invites the people to reject the existing constitution without being given an alternative constitutional arrangement. This is tantamount to asking for a vote of no confidence in the existing constitution;

(b) If the plebiscite yields a strong vote in support of a republic this could trigger political instability;

(c) It will be a costly exercise and a waste of tax payers money for an issue that was resoundingly rejected by the Australian people in 1999. 72% of all electorates rejected the republican preferred model, and not one state approved the referendum.

(IV) In addition to the above I am concerned that any affirmative result in a plebiscite could be used to justify a dubious process by which the legislature might bring about a republic. According to some legal opinion, it is technically possible for the Commonwealth Parliament, acting at the request or with the concurrence of the Parliaments of all the States to repeal section 8 of the Statute of Westminster 1931 and thereby amend the Commonwealth of Australia Constitution Act 1900. A plebiscite must not be used to bypass the most important democratic safeguard of our constitution – that our constitution may not be altered by parliament unless proposed alteration gains the approval of the citizenry.

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