A few questions for the Austrailians;
Does the English Declaration of Rights of 12 February 1689 have any legal weight in Austrailia?
The first draft of the English Declaration of rights included these words; "It is neccessary for the publick Saftey, that the subjects which are Protestants, should provide and keep arms for their common Defence. And that the Arms which have been siezed, and taken away from them, be restored."
The final draft text:
"That the subjects which are Protestants may have Arms for their defence suitable to their Conditions, and as allowed by Law." It was signed into law by William & Mary the next day and is referred to well into the 19th century England.
The individual right to Arms is ancient. English history alone goes back a 1000 years citing the right. So it is almost impossible to do it justice here. My reference mostly is the book Second Amendment Primer by by Les Adams.
Here in the United States we have the Bill of Rights as part of our Constitution. The 2nd Amendment of it:
" A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. "
Our Founding Fathers were reluctant to list human rights, believing they were God given and self evident, and that by writing it down they could not do it justice. There was debate but thankfully they wrote it down and today we bank on it. We also have Supreme Court Rulings and other lower courts case laws, plus some other state constitutuions to back up and compliment the U.S. Constitution & Bill of Rights.
I know Austrailia was settled with penal colony for awhile, which might add confusion. In the forming of Australia who were the founders names? That would be interesting to look up what they wrote about the right to keep and bear arms.
It would be interesting if you could post the Autrailian Constition here please?
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