Here’s a little teaser for the weekend … But first let me make a disclaimer: I have no training or standing in any platform of the study of law and I place this debate on site for whomever may be inclined to contest the proposal …
It has to be admitted that the fair state of security anticipated and expected as compensation in what we call “A Civilised Society”, comes at some cost to both the citizen and corporate body. This civilised state is trusted to be implemented by those political representatives elected and remunerated by The Citizens of The State.
When we attend daily to our work, business and social activities, we expect to do so with a sense of security and calm deliberation as can be best achieved in the civilised state that has authorities and policing arms to maintain law and order in such a manner as to give that sense of calm deliberation that all is under control and we need not be afraid nor concerned.
And, in a civilised state, that is how it should be.
Necessity of settlement and all that comes from an established population that is self-reliant and all-inclusive, demands legal boundaries that give clear understanding of the rights and obligations of both corporate and citizen body … These boundaries are the obligations agreed upon by representative members elected to oversee a Parliament that makes such laws and agrees to such social and infrastructure changes as required when needed. It is when these political bodies lapse in their duty of care or deliberately institute legislation detrimental to the citizen(social) body in the majority that it has to be asked if such action calls for the Citizens of The State to instigate legal action against the political (corporate) body to recover and compensate for damages done?
What is a legal person or “citizen”?
“A legal person (in legal contexts often simply person, less ambiguously legal entity) is any human or non-human entity, in other words, any human being, firm, or government agency that is recognized as having privileges and obligations, such as having the ability to enter into contracts, to sue, and to be sued.
The term “legal person” is however ambiguous because it is also used in contradistinction to “natural person”, i.e. as a synonym of terms used to refer only to non-human legal entities.
So there are of two kinds of legal entities, human and non-human: natural persons (also called physical persons) and juridical persons(also called juridic, juristic, artificial, legal, or fictitious persons, Latin: persona ficta), which are other entities (such as corporations) that are treated in law as if they were persons.” (Wikipedia: Legal person).
So it would appear, to this lay person at least, that there is some scope to name both the citizen (social) body and the political party(corporate) body as “entities” with similar rights and obligations even while they are held apart by a necessity of legal identity.
“While human beings acquire legal personhood when they are born (or even before in some jurisdictions), juridical persons do so when they are incorporated in accordance with law: (Juridical person : Entity (such as a firm) other than a natural person (human being) created by law and recognized as a legal entity having distinct identity, legal personality, and duties and rights.)”
Given then that both citizen and political party can be seen as having identity obligations toward civil law and order, and the breaking of an “agreed contract” between those two parties by either of those two parties, would it then allow a case of litigation to be measured against the offending party? In other words; When we have a political party (say, the LNP) deliberately enacting legislation favourable to a vested interest embedded within that political party but detrimental to the citizen body, would there be scope for a class action by the citizen body to recover damages from that individual political party?
“In some common law jurisdictions a distinction is drawn between corporation aggregate (such as a company, which has a number of members) and a corporation sole (which is where a person’s public office is deemed to have a separate personality from them as an individual). Both have separate legal personality. Historically most corporations sole were ecclesiastical in nature (for example, the Archbishop of Canterbury is a corporation sole), but a number of public offices are now formed as corporations sole.
The concept of juridical personality is not absolute. “Piercing the corporate veil” refers to looking at the individual natural persons acting as agents involved in a company action or decision; this may result in a legal decision in which the rights or duties of a corporation or public limited company are treated as the rights or liabilities of that corporation’s members or directors.
The concept of a juridical person is now central to Western law in both common law and civil law countries, but it is also found in virtually every legal system.” (Wikipedia: Legal person).
“Incorporation of political parties Parties are required under the definition of ‘political party’ in s.4 of the Act to be an organisation before they can be eligible for registration …“ (AEC: Party registrations/Incorporation of political parties).
Given that most well-established political parties are registered corporations, surely that would place them under the obligations of corporate law? And even though they can claim “mandate” by gain of office to frame and pass legislation, if they promise one set of objectives before gaining office and indeed, used such claims to gain office then do a turn around (as was denied and then done by the Abbott LNP government) and institute political actions and legislation that are destructive to civil institutions and civil infrastructure when in office … surely there is scope to construct a class action by the affected citizen body to recover and claim compensation not from The State (a separate social body from the corporate political body), but from that particular political party?
“Sovereign states are legal persons … The concept of legal personhood for organizations of people is at least as old as Ancient Rome: a variety of collegial institutions enjoyed the benefit under Roman law: “Ius Naturale, Ius Gentium”: Law of Persons, Law of Property, Law of Obligations … ” (An Introduction to Roman Law; Barry Nicholas).
Go for it: Discuss …