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Ed Husic - unconstitutional act ? (Read 5979 times)
Sprintcyclist
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Ed Husic - unconstitutional act ?
Jul 2nd, 2013 at 11:02am
 

Quote:
The Prime Minister's new parliamentary secretary, Ed Husic, has been subjected to a torrent of racial abuse online for being sworn in to his position with a Koran.

Mr Husic became Australia's first Muslim frontbencher on Monday when he was appointed to Kevin Rudd's new-look ministry as Parliamentary Secretary to the Prime Minister and Parliamentary Secretary for Broadband.

"This is a wonderful day for multiculturalism, and everything it stands for in our country," Governor-General Quentin Bryce told Mr Husic during the swearing-in ceremony in Canberra on Monday.


Ed Husic, with the copy of the Koran with which he was sworn in as a parliamentary secretary. Photo: Alex Ellinghausen
However, after receiving dozens of messages of congratulations on his Facebook page, the comments quickly turned to disgust and outrage that he chose to be sworn in on the Muslim holy book.

Some called it un-Australian and unconstitutional.

"Our allegiance should have been to Queen and Country first Ed. That means saying the oath on the holy bible not the Koran.... Shame, Shame, Shame," posted one user, Ross Peace. "I am so disappointed in this government that they don't have the spine to stand up for the Australian way of life."

Another user, Therese Pearce, said she was "disgusted and embarrassed" for the Australian people.

"Hell i might just have to use snow white and the 7 dwarfs next time i take the oath for australia," she posted.

One user, Anna Dean, claimed his decision to be sworn in on the Koran undermined "our culture and country and constitution in this way".

Another user, Carrie Forrest, accused him of disregarding Australia's constitution and pushing for sharia law.

Mr Husic has previously said that he is a moderate Muslim who does not involve himself heavily with most of the religious customs and behaviours of the faith.

Asked about his religion in 2010, he told the ABC: "If someone asks me, 'Are you Muslim?' I say yes. And then if someone says, 'Well do you pray and go to a mosque and do all the other things that are associated with the faith?' I say no.

"I often get told that I describe myself as non-practising when in actual fact I don't go round saying that. Like I just say 'I'm Muslim'."

Mr Husic, 43, the son of Bosnian Muslim migrants, became the first Muslim to be elected to parliament when he won his western Sydney seat of Chifley in the 2010 election.

Fairfax Media is seeking comment from Mr Husic.



http://www.theage.com.au/opinion/political-news/shame-shame-shame-australias-fir...
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RightSadFred
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Re: Ed Husic - unconstitutional act ?
Reply #1 - Jul 2nd, 2013 at 11:10am
 
Its ceremonious clap trap who really cares ?

Not sure how it will play out, I prefer everyone does not advertise their religion in any way but these BS doctrines seem to insist on it.

Also prefer the constitution does not recognise religion or the queen for that matter.

I think it will be a storm in a tea cup.
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greggerypeccary
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Re: Ed Husic - unconstitutional act ?
Reply #2 - Jul 2nd, 2013 at 11:13am
 

"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes
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longweekend58
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Re: Ed Husic - unconstitutional act ?
Reply #3 - Jul 2nd, 2013 at 11:19am
 
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?
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AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
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Armchair_Politician
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Re: Ed Husic - unconstitutional act ?
Reply #4 - Jul 2nd, 2013 at 11:22am
 
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


I find it odd as well, but you'd think either Husic and/or the GG would've had legal advice prior to the swearing in ceremony, eh?
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Re: Ed Husic - unconstitutional act ?
Reply #5 - Jul 2nd, 2013 at 11:26am
 
Armchair_Politician wrote on Jul 2nd, 2013 at 11:22am:
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


I find it odd as well, but you'd think either Husic and/or the GG would've had legal advice prior to the swearing in ceremony, eh?




I doubt they stopped wetting themselves with excitement long enough to ask anybody if it was ok.


A great day for Australia to take one more step away from being Australia.




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RightSadFred
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Re: Ed Husic - unconstitutional act ?
Reply #6 - Jul 2nd, 2013 at 11:32am
 
Armchair_Politician

Yes it does seem odd that they would expose themselves but the ALP is 100% government on the fly, Rudd fell down on details and delivery this time around he has a L-Plate ministry.

I still think its a non-issue and needs to be treated as such ...... if he swore on a bible his fellow radical ragheads would be out for his blood.

There is no place for any religion in Australia in my view, of any type.

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greggerypeccary
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Re: Ed Husic - unconstitutional act ?
Reply #7 - Jul 2nd, 2013 at 11:35am
 
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?



1. Yes you can.

2. Yes, it's not unconstitutional.


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Re: Ed Husic - unconstitutional act ?
Reply #8 - Jul 2nd, 2013 at 11:36am
 
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


The Constitution will be silent on the matter.  Perhaps there is an Oaths Act in the ACT which might apply?
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John Smith
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Re: Ed Husic - unconstitutional act ?
Reply #9 - Jul 2nd, 2013 at 11:40am
 
It would be kind of pointless to make him swear on a bible if he doesn't believe in it now wouldn't it?

You don't swear on the bible top please others!
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Our esteemed leader:
I hope that bitch who was running their brothels for them gets raped with a cactus.
 
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longweekend58
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Re: Ed Husic - unconstitutional act ?
Reply #10 - Jul 2nd, 2013 at 11:43am
 
Armchair_Politician wrote on Jul 2nd, 2013 at 11:22am:
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


I find it odd as well, but you'd think either Husic and/or the GG would've had legal advice prior to the swearing in ceremony, eh?


you'd like to think so but it still seems odd.  REmember Obama was sworn in TWICE because the Judge messed it up first time? well he THINKS he messed it up and he wasnt really sure. So no, I am not at all sure they got it right.
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AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
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greggerypeccary
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Re: Ed Husic - unconstitutional act ?
Reply #11 - Jul 2nd, 2013 at 11:44am
 
.
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greggerypeccary
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Re: Ed Husic - unconstitutional act ?
Reply #12 - Jul 2nd, 2013 at 11:44am
 
Aussie wrote on Jul 2nd, 2013 at 11:36am:
The Constitution will be silent on the matter. 



No, it's not silent.

http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html

No mention of the Bible or any religion.

And courts allow people to use the Bible, Koran, Torah, etc.
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Re: Ed Husic - unconstitutional act ?
Reply #13 - Jul 2nd, 2013 at 11:45am
 
Aussie wrote on Jul 2nd, 2013 at 11:36am:
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


The Constitution will be silent on the matter.  Perhaps there is an Oaths Act in the ACT which might apply?



It's always good to actually check these things.  Grin




Part 5 Manner of taking oaths and
making affirmations
17 Oath or affirmation by spoken words or other means
(1) A person taking an oath shall, if the person is physically capable of doing so, in the presence of the person before whom the oath is
taken—
(a) hold in his or her hand the Bible, the New Testament or the Old Testament; and
(b) at the same time, say the words of the oath.


A person making an affirmation shall, if the person is physically capable of doing so, in the presence of the person before whom the affirmation is made, say the words of the affirmation.


http://www.legislation.act.gov.au/a/1984-79/current/pdf/1984-79.pdf

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longweekend58
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Re: Ed Husic - unconstitutional act ?
Reply #14 - Jul 2nd, 2013 at 11:45am
 
Aussie wrote on Jul 2nd, 2013 at 11:36am:
longweekend58 wrote on Jul 2nd, 2013 at 11:19am:
greggerypeccary wrote on Jul 2nd, 2013 at 11:13am:
"Some called it un-Australian and unconstitutional."


Yep, Australia does have its fair share of morons.

"unconstitutional"   Roll Eyes


dont be too quick to say that.  While I agree it is a little bit hysterical, you cannot swear on any book other than the Bible when taking oaths.  You can make an affirmation if you wish but using the Koran actually may be unconstitutional.  If it does not apply in court I doubt it is legal here either.

Does anyone have some actual legal/constitutional information about this?


The Constitution will be silent on the matter.  Perhaps there is an Oaths Act in the ACT which might apply?


That was my question. I am unsure of the law on this matter and its applicability.  It does however seem a pointlessly controversial thing to do when he isnt even a practising muslim
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AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
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