By Charles C. W. Cooke
Tuesday, December 16, 2025
NPR explains why Australia’s government is able to make “swift
legal changes” — unlike, say, the federal government here in the United States:
Part of the reason
Australia’s government can act so quickly on political matters of national
importance is because of something called the National Cabinet.
The National
Cabinet is composed of the prime minister and the premiers and chief ministers
of Australia’s six states and two territories.
It was first established in early 2020 as a way for Australia to
coordinate its national response to the COVID-19 pandemic. Since then, the
group has convened to discuss a number of national issues, from a rise in
antisemitic hate crimes to proposed age restrictions on social media use.
The National
Cabinet doesn’t make laws, but its members attempt to agree on a set of
strategies or priorities and work with their respective parliaments to put them
into practice.
In America, NPR notes, things are rather different:
Gun control
efforts in Australia inevitably draw comparisons to the U.S., where the Second
Amendment dominates any discussion about firearms restrictions.
Clearly, NPR is frustrated by this. I am not. It is, of
course, true that the Second Amendment prevents the federal government from
imposing the sorts of gun-control regulations that now obtain in Australia. But
so, by design, does the rest of the Constitution in which that provision
sits. The enumerated powers doctrine limits what Congress may do per se. The
Senate makes it difficult to pass controversial alterations to the status quo.
And the Bill of Rights — not just the Second Amendment, but the Fifth and
Fourth, too — serves to stack the deck in favor of the individual. NPR is
correct to observe that, in Australia, the government can move in a “swift”
manner. It is incorrect to imply that this is desirable. Over the last few
decades, Americans have watched as countries that are ostensibly similar to the
United States have responded to tragedies or national panics by rushing to roll
back rights that, in America, have been set in stone. Canada, Australia, New
Zealand, and the United Kingdom all now have “hate speech” laws that are
routinely used to punish dissent. New Zealand has wiped out the right to bear
arms. The United Kingdom is in the process of abolishing jury trials. Were such
proposals to be introduced in the United States, the Bill of Rights would,
indeed, “dominate any discussion.” And thank goodness for that!
To understand why this matters, one needs to look no
further than to the fact that the institution that NPR is touting here — the
“National Cabinet” — was created in response to Covid-19. One assumes that NPR
thinks that this is a selling point. I think it is a warning sign. Australia’s
response to Covid-19 was a totalitarian nightmare. Australia required its
citizens to obtain exit visas before leaving the country, and then, thanks to
the arrival caps and quarantine bottlenecks it imposed, barred many of them from returning for extended periods of
time. It set up barriers between Australian states, separating families for
months. It established a draconian quarantine system that had no parallel
anywhere else in the Western world — except, perhaps, New Zealand. Melbourne,
one of its major cities, instituted a lockdown for 260 days — the longest anywhere in the Anglosphere. And it did much of
this without meaningful legislation or judicial oversight. These decisions were
not coincidental to the establishment of the National Cabinet; they were the purpose
of the National Cabinet. That this tool is now being used to respond to other
crises all but guarantees that Australia will get similar results elsewhere.
Lest I be accused of Pollyannaism, let me concede upfront
that the United States is not perfect, and that its systems do not always hold.
While much better than Australia, America during Covid-19 was no paradise,
either. Nevertheless, that we sometimes see American politicians doing
illiberal or illegal things is not a flaw in our setup, but a confirmation of
why that setup exists in the first instance. As James Madison famously
observed, the Founders wrote down the rules by which the government must
live because it knew full well that that, being human, those who ran that
government would repeatedly try to break them. Thus, the material question is
not, “does America’s Constitution immediately prevail in every single case?”
but “does America’s Constitution prevail in most cases, and are the worst
infractions eventually dealt with?” In America the answer to this second
question is a resounding yes. In Australia, it is most decidedly not. That
isn’t a bug; it’s the feature atop which our entire civilization has been
built.
No comments:
Post a Comment