Dr Ben Saunders - Human Rights and Constitutional Law
Episode description
Dr Ben Saunders is a senior lecturer in constitutional law at Deakin University who recently wrote a piece for the ABC on the human rights implications of mandatory COVID-19 vaccinations.
This exclusive interview was the first time he appeared on video as an academic.
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ABC article by Dr Ben Saunders:
https://www.abc.net.au/religion/human-rights-and-mandatory-covid-19-vaccinations/13577278
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2:43 How Human Rights fit within the Australian legal system
3:48 The Australian legal system is different to the US legal system
5:35 The Victorian Charter of Human Rights and Responsibilities is toothless
8:08 Where do we get our human rights from?
8:38 Strong human rights relies on an effective political system
10:48 The medicalisation of politics and the politicisation of medical science
12:35 The rise of technocracy and the inability to measure cost/benefit ratios
15:20 We need more experts speaking about ethics!
16:48 Have we lost the culture of human rights?
21:03 Are we ignoring the Australian Constitution?
22:22 What the Constitution says about medical treatments
26:09 The Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021
29:37 How is this different to a dictatorship?
33:36 There is now no area of life exempt from political and government control
35:37 What could be next for the Government to control
37:05 Should Human Rights protections be understood from a Natural Rights perspective or Positive Rights?
40:25 Is there an optimal system – The US system vs the Australian System?
42:45 Finding pleasure in law
44:01 The social environment that formed the Australian Constitution
45:10 Competitive Federalism lacking in Australia
46:20 The Australian Constitution’s importance compared to the US Constitution
47:57 The Victorian Constitution is not a constitution
49:18 Australian states can be constituted without a constitution
50:18 How do we determine derogable and non-derogable rights?
53:22 The European Union
54:12 Has the historical momentum of human rights been positive?
56:47 Is law is a lagging indicator of culture or does it create culture?
1:00:11 What is the future of human rights?