@Mistymuzzle[/USER] believes it's a potential threat to the constitution and our democratic process.
I dont believe it is a
threat to the Constitution, in that it wont operate because of the Voice, I just object to the Constitution providing a privilege to one small segment of the Australian population on an immutable characteristic such as race.
It is
by definition a threat to the current democratic process. By definition, one small segment of the population has double the representation in Parliament and is also directly represented in the executive unlike the rest of the Australian Population. Additionally one small portion of the Australian Population has access to the High Court to seek injunction against proposed legislation. None of this is what I believe or think, this is a fact, it is what is written in the proposed amendment.
Here is a hypothetical for you that was put forward by Professor Nicholas Aroney who is Professor of Constitutional Law at The University of Queensland and an External Fellow of the Centre for Law and Religion at Emory University. He has held visiting positions at Oxford, Cambridge, Paris II, Edinburgh, Durham, Sydney, Emory and Tilburg universities......
China attacks Taiwan or more likely blockades the Taiwan Strait. As a result the supply of 90% of top end semi conductors dries up instantly. A US ship exercises its right to travel in international/Taiwanese waters and is attacked by Chinese navy. As a result the world instantly snaps to attention and Australia impose economic, diplomatic and military sanctions on China.
An emergency session of Parliament is held and the government votes and passes emergency legislation dealing with the issue which includes a plan to immediately construct joint Aus/US Naval and Military bases on 1000Ha in Northern Territory to establish emergency defence positions. Legislation is passed overnight to take effect immediately.
Because the Voice was not given an opportunity to consult, The Voice would have the power to seek an injunction against this in the High Court and the High Court would have no choice to grant leave to the injunction and delay or stop the defence facility construction.
Of course this is an extreme hypothetical example, but very real and of course there are many lower grade but more likely examples. In law, there is a basic guiding principle when considering the creation of new laws called the principle of unintended consequences and the understanding that every new law potentially results in being tested at the end of a gun. This notion that this change to the Constitution is "just an advisory body" and what could it hurt to try it if it
might help indigenous people flies against this principle and IMO anyone who genuinely believes this does not understand the role of the High Court in enacting the Constitution.