I am outraged by the Western Australian Premier's threats to choose Senator Culleton's replacement.
This is anti-democratic and against the conventions for filling a Senate vacancy. It is strictly legal but democratically offensive.
Australian Laws are not the be all and end all. They are just a guide - albeit a strong and firmly enforced guide to fairness and right and wrong.
But Rape is not a bad thing because it is against our law.
Rape is against our law because it is a bad thing.
Our Federal Constitution is an interpretative document. It is not "hard letter law" but calculated to guide us in fairness and democracy.
We have no statement of "Human Rights" (which I argue is a good thing). We rely instead on the Constitutionally entrenched balance of powers between those who make the laws, (Elected Parliament) those who work and manage with them (the government agencies under the executive Prime Minister and Cabinet )and those who may interprete their validity (Independent Judges in the Court System)
The Western Australian Premier's threats to choose Senator Culleton's replacement is anti-democratic and against the conventions for filling a Senate vacancy. It is strictly legal but democratically offensive.
The People chose a "Pauline Hanson One Nation Party" (PHONP) member. He was their endorsed Candidate for Senator.
In a double dissolution election one out of 12 WA Senators was from "One Nation". This was the people's choice.
Leave aside whether that was a wise choice or a great person or whether or not you like or support PHONP.
Most Australians would not know that on the Federal election date there were in fact two elections. One for the Federal Parliament Lower House of Representatives. and another election.
A completely separate election for the Senate representatives from each of the States. Under the Australian Constitution this separate election does not even have to occur on the same day as the House of Representatives and does not need to be on the same day in every State and Territory.
The Senate Election is on the same day as the House of Representatives election because of cost and convenience and because the major parties know it advantages them by election donkey votes. Otherwise their Senators would have to stand up and prove their worthiness.
The Federal Senate Election is in fact and law a State Election to decide which 12 people will represent that State in the Federal Senate.
(6 in the usual half Senate election each 3 years)
This is why the WA government is legally correct in stating it is the WA Premier and Cabinets choice.
The last State Goverment to override a former Senator's Party choice was the Queensland Bjelke-Petersen government and that says it all about the abuse of power over democracy.
It is completely outrageously anti-democratic for the WA government to say that they will override Pauline Hanson's One Nation Party Choice of a replacement for Culleton who was elected on the base of his One Nation party pre-selection.
See you on Australia Day in Fremantle when I will have more to say.