Constitutional Society’s Ideas For Constitution

Press, Volume C, Issue 29499, 28 April 1961, Page 16

Constitutional Society’s Ideas For Constitution

An outline of the Constitutional Society's proposals for, a constitution for New Zealand was given by Mr A. C. Brassington at the annual meeting of the Christchurch branch, of the society or Wednesday evening. “We are interested in the conflict between the individual and government, which expresses itself when an individual’s rights are involved and he has to go to court.” said Mr Brasrington. “It is the individual which is threatened today. “In England there is no written constitution, but its unwritten constitution «s supported by the Monarch, the House of Lords, and its conservatism.

“Immigration, the Americanisation of ideas, and our proximity to coloured races are a few of the reasons why we need a constitution,’’ said Mr Brassington. “At present the GovetnorGeneral must assent, with slight modifications, to bills passed in the House of Representatives. Last year it only needed one person to cross the floor of the House to pass or repeal a bill. We must entrench the doctrine that law cannot be repealed by one majority vote in one section of the legislature." he said.

“We must preserve our connexion with the Crown, we must entrench the right of appeal to the Privy Council, and we must entrench the powers of the GovernorGeneral, that indefinable remnant of Royal prerogative —whatever they are. His office could be abolished. “The constitution would set out the fundamental rights of the individual—the right of liberty, the right not to be inhumanly treated, the right not to be put to forced labour the right to a fair trial, the rijtet not to be imprisoned without a fair trial, the freedom of religion, freedom of spoeeh, freedom of assembly

freedom of movement, and freedom of residence.

“We want to protect property against expropriation with fair and reasonable compensation and by a judicial process, and the right to engage in a fair and legal occupation or trade. Second Chamber “We do not think that we can have a written constitution without a second chamber, or senate.” he said. The proposed second chamber, or senate. Mr Brassington said, would consist •of 20 elected members, who would serve a six-year term, and 16 nominated members, with a three-year term, who would be nominated by the parties in the House of Representatives proportional to their voting strengths. Four electorates would be combined to elect one senator, or member of the Second chamber. Half the elected members would go every three years, he said. “The second chamber would then be able to enter into long-term policies and have a continuity of policy. “Nothing is worse than what we have now—we are at the bottom and must build up,” he said. “Once the constitution is established it cannot be altered unless both Houses agree and unless it is agreed to by a referendum.’ 4 The society’s proposed draft had been finished last weekend in Auckland, he said Those who worked on It were Mr J. N. Wilson, Q.C. (convener). Mr J. H. Luxford, a former senior Magistrate in Auckland. Professor J Rutherford, professor of history at the University of Auckland. Mr Brassington a solicitor and a fortner lecturer in constitutional law. and Mr J H. Evans, an Oxford graduate and head of the English department at the Timaru Boys’ High School. “We do not claim to be experts but it is a atari,” said Mr Braaaisigtoa.