Australia political foundations and constitution is based on Christianity

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XIV
THE COMMONWEALTH OF AUSTRALIA CONSTITUTION

Constitutionalism is a product of Christian thinking.[1] Sir Winston Churchill wrote that under the reign of Henry II, " England became finally and for all time a coherent kingdom, based upon Christianity".[2] Explaining the principles of constitutionalism in the Magna Carta, Churchill said:

The underlying idea of the sovereignty of law ... was raised by Magna Carta into a doctrine for the national state. And when, in subsequent ages the state, swollen with its own authority, has attempted to ride roughshod over the rights or liberties of the subject, it is to this doctrine that appeal has again and again been made--and never as yet, without success.[3]
The Commonwealth of Australia Constitution is a constitutional monarchy; that is, the supreme administrative power is vested in a single person (the English sovereign), who is, however, limited by the laws embodied in the Constitution. By way of contrast, the Constitution of the United States of America is republican in nature (a government by representatives chosen by the people) and forbids any title of nobility. It also allows for the election of a national legislature at odds with the chief executive, while Australia 's cabinet system of government enables the prime minister to implement his programs so long as he retains the majority support of the legislature. Lacking this, the government will fall and a new one will be formed in its stead. On the other hand, there is a striking similarity in the basic assumption underlying both constitutions: that governmental authority must be restrained or kept within safe bounds by certain built-in limitations.[4]

Christian Constitutions Work in Christian Nations
Moreover, despite the differences between the founding documents of the USAand Australia and the governmental systems they established, the framers of the Commonwealth of Australia Constitution, like America's founding fathers, assumed that their nation was a Christian nation. This is shown by the inclusion of three provisions. The preamble expressed humble reliance on Almighty God and the Constitution was "enacted by the Queen's Most Excellent Majesty". So a Christian Monarch was accepted as the governing authority of Australia . Accordingly, Section 42 states every senator and every member of the House of Representatives must take an oath or affirmation of allegiance to the Queen, who became Australia 's Monarch by publicly acknowledging the fact that "the whole world is subject to the Power and Empire of Christ our Redeemer".[5]

These words taken from the Coronation service , expressing the Lordship of Christ over Australia 's government, make it clear that the Crown's authority is only legitimate when under the Lordship of the King of Kings. Few other nations besides Britain and Australia install their head of state in a Christian service.[6]Section 42 is in no way incompatible with Section 116 which states:

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
The purpose of Section 116, modelled on the First Amendment of the United States , was to prevent the establishment of one Christian denomination at the expense of others and to forbid the institution of a religious test or bar for the holding of public office.[7] It has not been extended by legal interpretation, as in the US , to mean that there is a wall of separation between church and state. Some secularists have interpreted Section 116 to mean that federal and state governments should not give financial aid to church schools, but the courts have not upheld this opinion. Apart from the question of religious education, there has been minimal conflict between church and state in Australia .

Seven Principles of Covenant
or Constitution Making


To rightly interpret the Commonwealth of Australia Constitution, it is necessary to understand covenantal principles. American constitutional lawyer, Herbert Titus, has identified seven principles of covenant or constitution making.[8] These are also the principles of civil government since civil government is a covenant made between two or more parties. These seven biblical principles flow from the Magna Carta. The author wishes to show that Australia has a Christian constitution by demonstrating that it incorporates all seven biblical principles of covenant and by comparing the Commonwealth of Australia Constitution to the Constitution of the United States of America and their common source, the Magna Carta. Finally, the author will compare the covenantal principles with Miss Slater's seven biblical principles of government.

The seven principles of covenant are divided into two groups: contract principles and perpetuity principles. The three contract principles are: the rule of law--justification of authority; mutual obligation--reciprocity or mutuality of choice; and community--communal trust. The four perpetuity principles are: the irrevocably binding nature of a covenant; the provision for limited modifiability; the binding nature of a covenant on future generations; and the necessity of a legal framework for the administration of law.

These seven covenantal principles, which apply to covenant making, are distinct .; from Slater's seven biblical principles of government and education already discussed in this book. However, they overlap. For example, the contract principle of the binding nature of covenant on future generations relates to the Principle ofthe Planting of the Seed of Local Christian Self-government, because God commands parents to constantly tell their children about the wonderful works of God and to remind them that God is a covenant-keeping God. (The similarities will be discussed more fully at the end of this chapter.)

Three Contract Principles
The Rule of Law: Justification of Authority
The rule of law is basic. A constitution is the "fundamental law of a nation or state". The great contribution of the Magna Carta is that it confirmed the rule of law as opposed to the arbitrary rule of men. "It is this characteristic which has provided throughout the years the foundation on which has come to rest the entire structure of Anglo-American constitutional liberties".[9]Chapter 39 of the Magna Carta stated that no one shall be deprived of his liberties except "by the law of the land".[10] The rule of law necessitates that the authority to rule be justified. Blackstone strove to do this when he wrote: "Man, considered as a creature, must necessarily be subject to the laws of his creator".[11] God has a right to rule man because He is the uncreated Creator (Rom. 9:20-1).

The insertion of the phrase, "the people ... humbly relying on the blessing of Almighty God", in the Preamble to the Commonwealth of Australia Constitution, shows the people acknowledge God's right to rule them. Further, the Constitution emphasises the rule of law. "Every law" shall be "subject to this constitution" and if not, it shall "be invalid".[12] The governor-general, the Queen's representative and chief executive officer, is responsible for "the execution and maintenance, of this Constitution, and the laws of the Commonwealth".[13]

Mutual Obligation: Reciprocity or Mutuality of Choice
Since God made man with a free will, he can choose whether or not to enter into a covenant. A covenant is a contract made between two or more parties with mutual obligations or conditions clearly understood by both parties. Though Samuel had anointed David, it was not until 25 years later, when the people came together at Hebron to make a covenant with David, that he became King (1 Chron. 11:3). David promised to be "father, feeder, healer, protector",[14] while the people pledged their loyal support. The Magna Carta was a covenant agreement between King John and the barons to certain conditions--the protection of individual rights[15] and "no taxation without representation".[16]In the same way, Article V of the First Ten Amendments to the Constitution of the United States of America says that no man shall "be deprived of life, liberty, or property, without due process of law".[17] The president, senators and representatives are bound "to support this Constitution".[18]

The Commonwealth of Australia Constitution is a compact between "the people"[19] of the states of Australia for the performance of certain limited functions which are best conducted by a federal government.[20] Although there is no bill of rights in the Commonwealth of Australia Constitution, such individual rights are protected under the common law, inherited from Great Britain, and based originally upon the Ten Commandments and statute law (including the Magna Carta and English Bill of Rights).[21]
 

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Jewish Roots of the American Constitution
The fifteen Capital Laws of New England included the "Seven Noahide Laws" of the Torah, or what may be termed the seven universal laws of morality.
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Prof. Paul Eidelberg
Historical Background

No nation has been more profoundly influenced by the "Old Testament" than America. Many of America's early statesmen and educators were schooled in Hebraic civilization. The second president of the United States, John Adams, a Harvard graduate, had this to say of the Jewish people:
The Jews have done more to civilize men than any other nation.... They are the most glorious Nation that ever inhabited the earth. The Romans and their Empire were but a bauble in comparison to the Jews. They have given religion to three-quarters of the Globe and have influenced the affairs of Mankind more, and more happily than any other Nation, ancient or modern.
The curriculum at Harvard, like those of other early American colleges and universities, was designed by learned men of "Old Testament" persuasion. Harvard president Mather (1685-1701) was an ardent Hebraist (as were his predecessors). His writings contain numerous quotations from the Talmud as well as from the works of Saadia Gaon, Rashi, Maimonides and other classic Jewish commentators.

Yale University president Ezra Stiles discoursed with visiting rabbis on the Mishnah and Talmud. At his first public commencement at Yale (1781), Stiles delivered an oration on Hebrew literature written in Hebrew. Hebrew and the study of Hebraic laws and institutions were an integral part of Yale's, as well as of Harvard's, curriculum.

Much the same may be said of King's College (later Columbia University), William and Mary, Rutgers, Princeton, Dartmouth and Brown University. Hebrew learning was then deemed a basic element of liberal education. Samuel Johnson, first president of King's College (1754-1763), expressed the intellectual attitude of his age when he referred to Hebrew as "essential to a gentleman's education."

This attitude was not merely academic. A year before the American Revolution, Harvard president Samuel Langdon, declared: "The civil polity of Israel is doubtless an excellent general model [of government]."

The Higher Law doctrine of the Declaration of Independence is rooted in the Torah, which proclaims "The Laws of Nature and Nature's God," and appeals to the "Supreme Judge" and "Providence" - terms lacking in Israel's Declaration of Independence.

During the colonial and constitution-making period, the Americans, especially the Puritans, adopted and adapted various Hebraic laws for their own governance. The legislation of New Haven, for example, was based on the premise that "the judicial laws of God, as they were delivered by Moses, and as they are not ceremonial, shall generally bind all offenders...." Thirty-eight of the seventy-nine statutes in the New Haven Code of 1665 derived their authority from the Hebrew Bible. The laws of Massachusetts were based on the same foundation.

The fifteen Capital Laws of New England included the "Seven Noahide Laws" of the Torah, or what may be termed the seven universal laws of morality.

Now, without minimizing the influence of such philosophers as Locke and Montesquieu on the framers of the American Constitution, America may rightly be deemed the first and only nation that was explicitly founded on the Seven Noahide Laws of the Torah. It should also be noted that the constitutions of eleven of the original thirteen states made provision for religious education. Some even had religious qualifications for office.

 

486th President

I’m a Comedian
Damn bruh where do you get all this information from wallahi you are to woke just chill a bit I know world leaders are sketchy but relax take a breeze and sit down think about life and chill and chill and chill and keep on chilling

1601829930274.gif
 

Cognitivedissonance

A sane man to an insane society must appear insane
Stay WOKE
VIP
Damn bruh where do you get all this information from wallahi you are to woke just chill a bit I know world leaders are sketchy but relax take a breeze and sit down think about life and chill and chill and chill and keep on chilling

View attachment 144632
@DR OSMAN is always disparaging towards countries like Somalia who’s consitution is based on the Quran and sunnah, I am just pointing out his flagrant hypocrisy.
 

486th President

I’m a Comedian
@DR OSMAN is always disparaging towards countries like Somalia who’s consitution is based on the Quran and sunnah, I am just pointing out his flagrant hypocrisy.
Don’t worry I’m hella woke fam I know about that clone shit, that MK ultra shit, just chill with the paragraphs young blood just relax take a walk draw play ball you got to much brain power and philosophy you feel me fam just chill
 

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