Old 20-10-2012, 11:06 PM #47
NX74205
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Join Date: Oct 2008
Location: Perth, WA
Posts: 417 Default Re: Anti Hoon Laws Unconstitutional
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There is a big, big difference between a 'privilege' and a 'right'. The ability to hold a driver's licence is a 'privilege'. The ownership of property is a right. I'm arguing for no more than the protection of the rights of all citizens and the basic jurisprudential principle of the rule of law.
By all means, take away a convicted hoon's privilege of being able to operate a vehicle on public roads, but their property rights are indissoluble and inviolable. Punishment is about the removal of privileges. It is not about arbitrarily removing the rights of others.
English jurist John Locke wrote in The Second Treatise of Government that "whenever the legislators endeavour to take away and destroy the property of the people ... they put themselves into a state of war with the people, who are thereupon absolved from any further obedience ..."
The confiscation of motor vehicles for hooning offences is not a just law, and natural law principles dictate that when a law is not a just law (i.e. not founded on moral justice), then it is no law at all.
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2005 Ford BF Fairmont, lightning strike (2006-present)
Previous cars:
1989 Ford EA Falcon GL, winter white (2000-2007)
1982 Ford KA Laser Ghia, blue (1999-2000)
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