Direct election republican model (Australia)
Encyclopedia
A direct election republican model is a proposal for Australian
constitutional reform. If proposal of this type is approved at a referendum
, it would establish Australia
as a republic
with a Head of State
chosen directly by the Australia
n electorate.
On face value, this definition describes a wide range of models, however when republicans express support for the direct-election model, support for a parliamentary system
of government is usually implied. Such people are envisaging a reform where the Governor-General
becomes a directly elected figurehead
President
and the Prime Minister
remains the Head of Government
.
where the President has very little or no discretionary power.
Supporters of the model say that, although elected, the change to a republic is argued to have minor but positive impact on the rest of Australia's parliament and government. The elected President would be a true figurehead for the Australian people. New provisions in the constitution could prevent the President from taking control of the government away from the Prime Minister
.
s. As the Head of State is elected, it is not clear what candidates may say or promise to improve their standing among voters. An elected President with a mandate
may morally choose to abide by their promises instead of strictly following the rules of the constitution. This would create a constitutional crisis
.
Such a possibility becomes more likely if the election is allowed to be contested by the major political parties. This would introduce cohabitation
to the Australian political system.
Should the law provide effective apolitical provisions, it is argued that celebrities
with a public profile would have an unfair advantage over more worthy candidates. Furthermore a very worthy nominee may decline to contest an election due to harsh media
attention.
The models are also criticised for constitutional provisions which would, in practice, increase or decrease the political authority of the Prime Minister. It is argued that it is impossible to replicate the existing conventions
as written constitutional law
or that politicians would find and exploit loopholes.
A direct-election model would need careful consideration before it could be adopted by any of the six Australian states
.
was considered in the conventions
leading to the federation of Australia
, however rarely revisited until the advent of the modern republican movement.
In 1993 direct-election was reviewed as one of four options by the Republic Advisory Committee
, chaired by Malcolm Turnbull
. A partial and complete codification of the reserve powers of this model were presented. http://www.republic.org.au/ARM-2001/history/history_rac_review.htm Prime Minister Paul Keating
rejected this option saying it would "constitute a very dramatic and undesirable change to a system which all of us agree has served us well"
Under Prime Minister John Howard
, two models were closely examined and criticised at the 1998 constitutional convention
. During voting, the Hayden model was first to be eliminated, however supporters of that model did not transfer all their support to the more popular Gallup model which was consequently next to be eliminated.
At the 1999 Australian republic referendum, many direct-election republicans voted NO and ensured the defeat of the bi-partisan appointment model
.
After the defeat, the Australian Republican Movement
changed tactic and presented six republic options, of which three involved direct-election. Model 4 was developed from the Hayden model and Model 5 was developed from the Gallop model. Model 6 proposes a directly elected executive president
, which would not retain the existing parliamentary system
.
The 2004 Republican Senate Inquiry included models 4 and 5 in a recommendation that a plebiscite be conducted offering five alternative methods of selecting a head of state. According to opinion polls, if such a plebiscite were held, electors would be more likely to support direct-election models over alternatives.
Australian constitutional law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed....
constitutional reform. If proposal of this type is approved at a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, it would establish Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
as a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
with a Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
chosen directly by the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n electorate.
On face value, this definition describes a wide range of models, however when republicans express support for the direct-election model, support for a parliamentary system
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
of government is usually implied. Such people are envisaging a reform where the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
becomes a directly elected figurehead
Figurehead
A figurehead is a carved wooden decoration found at the prow of ships largely made between the 16th and 19th century.-History:Although earlier ships had often had some form of bow ornamentation A figurehead is a carved wooden decoration found at the prow of ships largely made between the 16th and...
President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
and the Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
remains the Head of Government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
.
Important models in this class
There are many proposals by individuals or small groups for a direct-election model, however the following is a list of models in this class which have been canvassed through governmental institutions:- RACRepublic Advisory CommitteeThe Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in May 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic...
Popular Election model (1993) - Gallop model by Geoffrey Gallop (1998)
- Hayden model by Bill HaydenBill HaydenWilliam George "Bill" Hayden AC was the 21st Governor-General of Australia. Prior to this, he represented the Australian Labor Party in parliament; he was a minister in the government of Gough Whitlam, and later became Leader of the Opposition, narrowly losing the 1980 federal election to the...
(1998) - ARMAustralian Republican MovementThe Australian Republican Movement is a non-partisan lobby group advocating constitutional change in Australia to a republican form of government, from a constitutional monarchy.-Foundation:...
Model 4 - People elect the President (2001) - ARMAustralian Republican MovementThe Australian Republican Movement is a non-partisan lobby group advocating constitutional change in Australia to a republican form of government, from a constitutional monarchy.-Foundation:...
Model 5 - People choose from Parliament's List (2001)
Rationale
If implemented, the model would establish an Australian Republic by removing constitutional links to the monarchy. References to either Queen or Governor-General in the Australian constitution would be replaced by a reference to the President of Australia. The resulting structure would be similar to other parliamentary republicsParliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
where the President has very little or no discretionary power.
Supporters of the model say that, although elected, the change to a republic is argued to have minor but positive impact on the rest of Australia's parliament and government. The elected President would be a true figurehead for the Australian people. New provisions in the constitution could prevent the President from taking control of the government away from the Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
.
Critique of the Model
These models are criticised for their potential for unintended consequenceUnintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
s. As the Head of State is elected, it is not clear what candidates may say or promise to improve their standing among voters. An elected President with a mandate
Mandate (politics)
In politics, a mandate is the authority granted by a constituency to act as its representative.The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central idea of democracy...
may morally choose to abide by their promises instead of strictly following the rules of the constitution. This would create a constitutional crisis
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
.
Such a possibility becomes more likely if the election is allowed to be contested by the major political parties. This would introduce cohabitation
Cohabitation (government)
Cohabitation in government occurs in semi-presidential systems, such as France's system, when the President is from a different political party than the majority of the members of parliament. It occurs because such a system forces the president to name a premier that will be acceptable to the...
to the Australian political system.
Should the law provide effective apolitical provisions, it is argued that celebrities
Celebrity
A celebrity, also referred to as a celeb in popular culture, is a person who has a prominent profile and commands a great degree of public fascination and influence in day-to-day media...
with a public profile would have an unfair advantage over more worthy candidates. Furthermore a very worthy nominee may decline to contest an election due to harsh media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
attention.
The models are also criticised for constitutional provisions which would, in practice, increase or decrease the political authority of the Prime Minister. It is argued that it is impossible to replicate the existing conventions
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
as written constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
or that politicians would find and exploit loopholes.
A direct-election model would need careful consideration before it could be adopted by any of the six Australian states
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
.
History
Direct election of the Governor-GeneralGovernor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
was considered in the conventions
Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
leading to the federation of Australia
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
, however rarely revisited until the advent of the modern republican movement.
In 1993 direct-election was reviewed as one of four options by the Republic Advisory Committee
Republic Advisory Committee
The Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in May 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic...
, chaired by Malcolm Turnbull
Malcolm Turnbull
Malcolm Bligh Turnbull is an Australian politician. He has been a member of the Australian House of Representatives since 2004, and was Leader of the Opposition and parliamentary leader of the Liberal Party from 16 September 2008 to 1 December 2009.Turnbull has represented the Division...
. A partial and complete codification of the reserve powers of this model were presented. http://www.republic.org.au/ARM-2001/history/history_rac_review.htm Prime Minister Paul Keating
Paul Keating
Paul John Keating was the 24th Prime Minister of Australia, serving from 1991 to 1996. Keating was elected as the federal Labor member for Blaxland in 1969 and came to prominence as the reformist treasurer of the Hawke Labor government, which came to power at the 1983 election...
rejected this option saying it would "constitute a very dramatic and undesirable change to a system which all of us agree has served us well"
Under Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
, two models were closely examined and criticised at the 1998 constitutional convention
Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
. During voting, the Hayden model was first to be eliminated, however supporters of that model did not transfer all their support to the more popular Gallup model which was consequently next to be eliminated.
At the 1999 Australian republic referendum, many direct-election republicans voted NO and ensured the defeat of the bi-partisan appointment model
Bi-partisan appointment republican model
The Bi-partisan appointment republican model is a proposal for Australian constitutional reform. If approved at referendum, the model would have established Australia as a republic with a Head of State appointed by the Australian Federal Parliament...
.
After the defeat, the Australian Republican Movement
Australian Republican Movement
The Australian Republican Movement is a non-partisan lobby group advocating constitutional change in Australia to a republican form of government, from a constitutional monarchy.-Foundation:...
changed tactic and presented six republic options, of which three involved direct-election. Model 4 was developed from the Hayden model and Model 5 was developed from the Gallop model. Model 6 proposes a directly elected executive president
Executive president
An executive president is a president who exercises active executive power in a certain systems of government. Executive presidents are active in day-to-day governance of a nation, and are usually popularly elected....
, which would not retain the existing parliamentary system
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
.
The 2004 Republican Senate Inquiry included models 4 and 5 in a recommendation that a plebiscite be conducted offering five alternative methods of selecting a head of state. According to opinion polls, if such a plebiscite were held, electors would be more likely to support direct-election models over alternatives.