Google AI


Modern Australian

Is Australia ready for another republic referendum? These consensus models could work

  • Written by: Michael Duffy, Senior Lecturer and Researcher, Monash Business School, Director Corporate Law, Organisation and Litigation Research Group (CLOL), Monash University
Is Australia ready for another republic referendum? These consensus models could work

The revelations in the “palace letters” may well renew enthusiasm for an Australian republic, especially coming on top of recent controversies involving both older and younger members of the royal family.

A recent poll also suggests increasing popular support for a republic. According to the YouGov poll, 62% of Australians said they wanted the head of state to be an Australian.

The palace letters make clear the problem with our current set-up: we have a legal (what lawyers call de jure) head of state who is a resident and national of the UK (the queen), as well as an effective or de facto Australian head of state (the governor-general) who can operate as if that legal status was his/hers.

Read more: First reconciliation, then a republic – starting with changing the date of Australia Day

Aside from the symbolism of having a foreign head of state – a blow to nativist Australian pride – there is also the practical question of whether the legal status and system of appointment (and removal) of the Australian governor-general is the best we can do.

This challenge is highlighted by the palace letters. They illustrate quite clearly that in extreme situations, such as when Prime Minister Gough Whitlam was dismissed by the governor-general, Sir John Kerr, in 1975, this arrangement can invite what has been referred to as a game of “constitutional chicken”.

This occurs when a governor-general is in fear of being dismissed by the queen (on the advice of the Australian prime minister), while the prime minister can simultaneously be in fear of being dismissed by the governor-general. This situation gives each an incentive to act first to dismiss the other.

What happened in the 1999 referendum

The republican model put to voters in a referendum in 1999 didn’t really fix that problem, as it still gave the prime minister the direct power to remove the head of state.

The other problem with the 1999 “minimalist” republic model was that it was attacked by some republicans who wanted a popular vote to select the head of state.

There has been disagreement since then between minimalist republicans, who favour parliamentary appointment of a ceremonial head of state (such as in India and Israel), and “direct electionists”, who want a direct vote for the head of state by the people (like Ireland and Austria).

Read more: A model for an Australian republic that can unite republicans and win a referendum

In the 1999 referendum, some direct electionists opposed the minimalist republic model and effectively joined with monarchists in defeating the proposal.

The challenge for the republican cause now is that many minimalist republicans may well vote against a direct election model in another referendum.

For them, the fear is Australia would move away from the Westminster system towards a US-style presidential system. And Donald Trump’s rise to power in the US, in particular, has led some to question the potential for popular votes to produce demagogues.

How republic models could work

So, what would it take for another republican referendum to succeed in Australia?

For starters, there must be a model that somehow unites the republican cause by allowing for a popular election but retaining a ceremonial, non-executive head of state. This head of state, apart from reserve powers, essentially defers to the parliament and prime minister.

In other words, such a model must preserve responsible government – a government that comes from, and is responsible to, the parliament.

Some “hybrid” republic models have been proposed, and my colleagues and I added our own ideas to the debate in a paper published in the Public Law Review in 2018.

In 2001, the late constitutional law professor George Winterton proposed an alternative bipartisan choice idea. In this model, parliament would endorse one candidate for head of state who would then be voted on in a popular national election (in which limited other nominees were free to stand).

We endorse this, but suggest that for such a model to work, provisions may be needed to bind the major political parties to the candidate selected by parliament. This would prevent parties or factions from campaigning for their own rival candidates.

Read more: Cabinet papers 1994-95: How the republic was doomed without a directly elected president

Another proposal is the “50-50” model, which aggregates the results of a parliamentary and popular vote, giving equal weight to both. This concept seeks to unite minimalists and direct electionists by requiring some sensible compromise from each side.

To avoid a repeat of Kerr’s dismissal of Gough in 1975, Australia could choose a republic model that includes “concurrent expiration”.

In this model, if a head of state acted to dismiss a sitting prime minister, he or she would also face an early expiration of their own term. Voters would then decide the fates of both in the ensuing election.

Certainly, if there is to be change to a republic in Australia that maintains the Westminster system of responsible government, this will take time, considered thought and debate.

In the very long term, an Australian head of state may be inevitable, so it is important to get it right.

Authors: Michael Duffy, Senior Lecturer and Researcher, Monash Business School, Director Corporate Law, Organisation and Litigation Research Group (CLOL), Monash University

Read more https://theconversation.com/is-australia-ready-for-another-republic-referendum-these-consensus-models-could-work-142646

Understanding a dental implant Melbourne Treatment Plan

A dental implant Melbourne patients may consider is one option for replacing a missing tooth, but suitability depends on oral health, bone support a...

How 3PL Logistics Australia Supports Faster and More Efficient Supply Chains

Why Has 3PL Logistics Become Important for Growing Businesses?  Gone are the days when supply chains were simpler and in minimal quantity. Now, the...

Common Skin Concerns and Treatment Options Available in Melbourne

Skin concerns can develop gradually or become noticeable following changes in age, lifestyle, sun exposure or hormonal factors. Pigmentation, rednes...

Why a Code-Compliant Home Can Still Feel Uncomfortable

When people build or renovate a home, they usually expect that meeting current building requirements will also produce a comfortable place to live. ...

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...