Is Australia a Democracy ? (appointed, law, club)

[makaraka66]

Or is it a tyranny of the so called high court ?
So who should have the most power in ACT, voters who put the ACT state government in power or Federal judges who are appointed ?
This comes of course from the Federal court overturning the right for gays to marry in ACT as put through by the ACT parliament.

[artemis agrotera]

There was no surprise regarding the High Court decision (as much as I am in favour of amending legislation in favour of marriage equality)

[Oz Train Driver]

I thought the court had to rule within the confines of the law?

Without politicians (who you DO vote for) amending the law, what other decision did you expect?

[danielsa1775]

Yep Australia is a democracy. We will have gay marriage when we vote in a federal government that supports it.

[danielsa1775]

Originally Posted by Oz Train Driver

I thought the court had to rule within the confines of the law?

Without politicians (who you DO vote for) amending the law, what other decision did you expect?

In this case the law is the constitution, under it the ACT does not have any powers to make laws regarding marriage.

[BCC_1]

Originally Posted by makaraka66

Or is it a tyranny of the so called high court ?
So who should have the most power in ACT, voters who put the ACT state government in power or Federal judges who are appointed ?
This comes of course from the Federal court overturning the right for gays to marry in ACT as put through by the ACT parliament.

First off the ACT isn't a state. it's a territory. It doesn't have any power to make laws through the Constitution. It's parliament exists at the pleasure of the federal government.

Secondly, the Constitution is pretty clear when it comes to marriage...

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51

Legislative powers of the Parliament
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

...

(xxi) marriage

And then...

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 109

Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

So, s51 gives the Commonwealth the power to create marriage laws, and s109 means when the Commonwealth has the power to legislate in a certain area its legislation trumps any state law.

[danielsa1775]

The Act government is also certainly not the first states or territory government in Australia to legislate in favor of gay marriage ( or civil unions as they are known at state level).

[BCC_1]

Originally Posted by danielsa1775

The Act government is also certainly not the first states or territory government in Australia to legislate in favor of gay marriage ( or civil unions as they are known at state level).

I didn't think civil unions are the same thing as marriage.

[cushla]

When we get rid of this Catholic men's club of a Govt. we can call ourselves a democracy again. They are against Gay Marriage and Abortion.

[danielsa1775]

Originally Posted by BCC_1

I didn't think civil unions are the same thing as marriage.

They are not, which was the point of the post actually ( poorly worded I will admit).