this post was submitted on 17 Aug 2024
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The real problem is enshrining so many explicit rights in the constitution to begin with. The American constitutional framers couldn't have known better because they were so early to do it they didn't really have a model to follow, but I think history has shown that it was an error.
When Australia came to framing its constitution over the last decade of the 19th century, they had the benefit of looking at all the countries that came before, and considered putting a bill of rights into the Australian constitution and made a deliberate decision not to. It's better for the legislature to decide what's right for the current conditions than to be stuck with trying to interpret some text from a century ago in a completely different context. We have the benefit of a much, much less politicised judiciary as a result.
Explicit isn't so much a problem, but nuance.
Example: the right to free speech is explicit a good and pretty well irrevocable thing, however some constraints such as using a public space to promote hate, speech meant to cause mass panic or harm or similar abuses are not protected as an exception to the broad basic right.
A part of the issue with the second is the population is so fiercely militaristic (we make such a monument of our military as being the greatest of heros) and individualistic that people will twist the wording any way they like to claim they should have the right to a tank rather than to thin what is reasonable for the general population.
Then there are the folks thinking they can revolt against a tyrannical government armed with globe covering drones because they have 100 rifles in their basement, but those are more especially deluded exceptions.