Dutton has no idea about the Constitution

March 25, 2025

Peter Hughes’ excellent article in response to the usual “thought bubble” that emanates from Peter Dutton’s ‘pea brain" amply illustrates why the latest is a horrible idea.

In response, one has to ask how this would manifest itself as an amendment; Would it add another sub-paragraph to s51 or would it (like the failed Communist Party referendum of the 1950s, equally ill-considered) be a new section “51A” and exactly what would it say?

If the point is to stop antisemitism or anti-islam or similar persecution, would it mention these by name? If it were to focus on the current target of antisemitism, how would that sit with all the various other religious and cultural groups that only one gets special protection?

The separation of powers established by modelling Chapters 1, 2 and 3 of the Constitution exposes this as incompatible with the concept of democracy. The only logical option would be to make it generalised. If that is the case, what guarantee is there that cancellation won’t extend to refusal to stand for the anthem? Will my cousin be sent to the UK or US where he’s never lived, but is a citizen by accident of birth?