Pulled Over Today

[dezz]

Its the vibe of the thing.  It's Mabo.

<{POST_SNAPBACK}>

best post in this thread so far. lol

[Beer Baron]

i have the right to free speech. it's in the 4th ammendment to the constitution. wait a minute? i thought this was skylinesamerica.com?

[Johnny Cash]

Yeah, the success rate on referendums is something like 6 out of 42. Australian's don't like to change anything!

Gee, that link is like first year law!

I think all Skyline owners, and anyone who's into cars and cruising around, should get some basic legal knowledge, so you know what cops can and can't do. They abuse their powers so often it's not funny...

But yeah, I am a lawyer. B)

[StageZilla]

Yeah, the success rate on referendums is something like 6 out of 42. Australian's don't like to change anything! 

Gee, that link is like first year law!

I think all Skyline owners, and anyone who's into cars and cruising around, should get some basic legal knowledge, so you know what cops can and can't do. They abuse their powers so often it's not funny...

But yeah, I am a lawyer.  B)

<{POST_SNAPBACK}>

how about u start a thread with the main common issues and the cops rights?

[Josh]

I second that motion!!

[Johnny Cash]

OK, will do. I did a course on police power a couple years ago, should (hopefully) have it all lying around somewhere...

As for our rights and freedoms under the Australian Constitution, things like freedom of speech and privacy are not specifically outlined or recognized, but are implied by the courts. It kind of gets hairy from here, but you have to understand that if these things were outlined in bold in the Constitution, there wouldn't be much room for argument.

The reality is, the Constitution would not have any force if it was not a document of democracy and due government. As such, it draws its strength from these energies, and uses these underlying notions to remain in force.

An example of this is section 51 of the Constitution (the one that lets Parliament make law). It states that:

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth...

The bit about 'peace, order and good government' is not defined in the Act, but refers to these notions that found our Country and its legal justice system.

Hope it helps...

[scathing]

So what you're saying is that your original assertion about our right to privacy being protected "by the Constitution" is actually wrong; this "right" to privacy is actually provided under common law instead.

They say lawyers are always precise with their choice of words, since interpretations and thus judgements can hinge on how something is phrased. Hence why reading contracts tend to do the average person's head in, since its worded in such a way that brooks no misinterpretation.

The link to the actual Australian Constitution is first year law, as you said, yet here you are, throwing two disparate concepts around as if they were interchangable.

[Johnny Cash]

Here we go...

Common law is different again - it's more of a leftover from English law and something that acts as a backup where established law (e.g. Australian) doesn't seem to cut it.

Bear in mind, I didn't want to write up an essay on Skylines forums about the law and how it works - best to state things in a way most people can understand.

And as for your statement that I'm throwing two disparate concepts around, I'm actually juggling about a million different legal concepts and notions of justice, but that's why a law degree takes 6-odd years.

However, you are right on the point that personal liberties (such as that to privacy) reside under common law, as they are not expressly outlined in the Constitution document itself. However, without the construction of the Constitution, there would be no activation of common law in this country.

The design of the Constitution necessitated a reference to English law, as we were unable to cover everything in our own legal documents. This feature of our Constitution is evident in its design, as it relies on such operation to be effective.

Lawyers are always precise in their choice of words, but (as anyone and everyone on this site can appreciate) do not want to bore an un-interested audience with long-winded legal concepts - this is a SKYLINES forum, after all!

My point was to say that our right to privacy, as any of our fundamental rights, are basic liberties, all guarded by notions of democracy and freedom, and that these concepts are those which gave rise to the constitution of our country, and that as such, these concepts are protected therein. That said, if your battle is with regards to express wording in the Constitution, you win.

...and if the law was that easy, we'd all be lawyers...

[REdgtst]

I have heard of peopl;e writing programs that can use/hijack your camera from your phone and send data via 802.11 wireless. aLSO PEOPLE CAN HIJHACK THE MICROPHONE WITHIN Tmopbiles AND GRAB ALL CONTACTS ETCand oither personel information (thats what defence and nerds do!)..... lOTS OF DEROS OUT THERE WITH THEIR PHONES AND COMPUTERS SET TO "ACCEPT ALL INCOMINMG CONECTIONS"...

Thats the thing about wireless... not many people are good at setting up the security side of things... (althouigh people are more aware of it now)!