I heard Cardinal George Pell speak at the Brisbane Institute last night and Jack Waterford in the Canberra Times has a pretty good precis of what he said.
The Brisbane Institute billed it as:
Cardinal Pell considers questions such as: Is democracy only secular? What role can the Catholic Church and its moral vision play, and have they played, in strengthening democracy? How does “religious capital†strengthen political society? What is the bishop’s critical role in building a culture of life? And whyis belief in God important to the health of a democratic society?
In fact it was an intellectually slight lecture against a bill of rights.
How can you discuss a bill of rights without defining exactly what you mean by one? There are a lot of differences between a Constitutional Bill of Rights, for example, and a legislative Charter of Rights, but Pell lumped them all together.
He seemed to think that rights were best left up to the people, via the legislature, and kept well away from judges. How do you do that when every piece of legislation embeds rights which are then subject to potential interpretation by the courts?
There is a false dichotomy in the general bill of rights debate which is that you have a choice to have a bill or not. You don’t. The choice is whether you have major and minor rights sprinkled around a galaxy of legislation, or whether you collect the most important of them into one piece of legislation and decide the relationship between them, as in which rights are more fundamental than others. A further choice is whether you imbed that document in the constitution, where it can only be changed by a referendum supported by a majority of voters in a majority of states, or in legislation, which can be changed by a simple majority in parliament.
The idea that you can keep laws away from judges is bizarre.
I also found it a little bizarre that his Eminence was putting such a stress on the powers of democracy when he is a senior office holder in an organisation that is famously undemocratic, and which itself runs a legally recognised state. If there had been time I would have asked him for his thoughts on how his belief in the power of the people could be harnessed by the Roman church ot make it more effective.
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