Peoples ideas

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Doug Everingham
dnevrghm@powerup.com.au

See Doug Everingham file for Papers and participation in several issues.

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Germain Dufour
A Bill of Rights, with one exception, is a list of the rights of individuals against the state, not a list of claims by individuals on services to be provided by the state; the one exception is the right to a trial by jury. All residual rights are reserved to the people.

The US Constitution give 'negative' rights, like the 'freedom of speech and the press'. The US Constitution does not guaranteeing you a printing press or a computer, but does limit what government can do to prevent you from exercising that freedom.

The EU Constitution gives 'positive' rights, like the 'right to employment'. So no matter the situation, the EU Constitution guarantees you a job.

So, with unemployment in Germany at or near 10%, who will these people go to to complain about this "violation" of their so-called rights? And what would the EU do to enforce this right?

A political system is the end practical expression of a philosophical system of thought. What are the philosophical ideas behind this Constitution?

The fundamental difference between the EU and the US is a deep, and misunderstood, philosophical one. The EU is "pessimistic", whereas the US is "optimistic". Their approach to their constitution will reflect this pessimism, the assumption that things will go wrong, and government must try to guarantee otherwise; as the US constitution reflects great optimism, if the government gets out of the way, the streets will be paved with gold.

There is also the contrasting legal systems: Common vs. Roman law, with their respective assumptions. In the US, an activity is legal unless it has been outlawed. In the EU, with the exception of Britain, Italy and parts, unless an activity is approved by government *first*, it is unlawful. Also the assumption of guilt or innocence, the right to object to examination or cross examination that is unfair or prejudicial, or not, etc.

 

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