|Choosing the Head of State|
|Proposal||Existing System||Peter Crayson's Constitution|
|Term||Length (yrs)||Not stated|
|Qualif.||Who is eligible||Not stated||Same as member of Parliament|
|Serving MPs qualify?||No||No|
|Past MPs qualify?||Yes||Yes|
|Other qualifications||None||Can't hold another "office or position of profit"|
|Who resolves disputes on qualif.||N/A||High Court sitting as Court of Disputed Returns|
|Parliamentary joint sitting, or popular election (determined by Parliament)|
|Majority required||N/A||2/3 in case of joint sitting|
|Possible, but unlikely||1-5 if chosen by joint sitting, 3-5 if popularly elected|
(in practice PM)
|By Constitutional Council|
|Removal||By whom||Queen||Vote of joint sitting|
|How Initiated||Unclear||Not stated|
|Grounds||Not required||President is unfit to hold office, or has brought the office into disrepute, or is unable to perform functions by reason of physical or mental incapacity|
|Acting Head of State|
|Who is eligible||Most senior|
(i) The Vice President;
(ii) officers specified by the Parliament;
(iii) persons designated by the Constitutional Council;
(iv) persons designated by the President;
(v) the President of the Senate; or
(vi) the Speaker of the House of Representatives.
|How chosen||Queen appoints||Automatic|
|Can Acting Presidents be removed?||Yes||Probably - by s.60(1) or s.60(3)|
|Limits on the use of||N/A||No more than 120 days|
|Ministry & Advisory Council|
|Unwritten practices codified?||Some||Yes|
|PM's role entrenched?||No||Yes|
|Advisory Council||Name||Federal Executive Council||Federal Executive Council. (But note that there is also a Constitutional Council with a distinctly different role)|
|Appointment on advice?||In practice||N/A. Membership always ex officio.|
|PM||Appointment||By GG||By President|
|Dismissal||By GG||By President|
|Appointment & dismissal req. advice?||Uncertain (but prob. not)||No|
|Other Ministers||Special Kinds||None||Deputy PM, Assistant Ministers, Parliamentary Secretaries|
|Appoint. on advice?||In practice||Yes|
|Dismissal on advice?||In practice||Yes|
|Other Powers and Functions of the Head of State|
|Federal Executive Power||Who is vested with it||Queen||President|
|Who may exercise it||GG (in practice on advice)||President (on advice of Exec Council)|
Pres. Assent to Bills
|On advice?||In practice||Yes|
|Can a veto be overridden?||No||No|
|Commander-in-Chief||GG||President (on advice of Exec Council)|
|Summoning & proroguing Parliament: on advice?||In practice||When advised, is bound to do so, but may also summon at his discretion|
|Dissolutions: on advice?||In practice||When advised, is bound to do so, with some exceptions (ss. 4, 28, 62B)|
|Deputies power: on advice?||In practice||Yes (on advice of PM)|
|General limit on exercise of powers?||None||Yes (s61, possibly s51(xl))|
|Head of State: Miscellaneous|
|Salary||Can be changed while in office?||No alteration||No reduction|
|Who fixes salary||Parliament||Parliament|
|Presidency: Special Features||None||The exercise of some powers cannot be challenged in court (s61(4))|
|Other Republican Changes|
|Impose republic on States?||N/A||Yes|
|Preamble: new one or modifications only?||N/A||Minor modifications|
|Disallowance Power (s59)||N/A||Repealed|
|Reserve Bills Power (s60)||N/A||Repealed|
|Judges & serving soldiers can now sit in Parl.?||N/A||Soldiers only (s.44)|
|Other significant changes||N/A||Establishment of Constitutional
Council which includes, amongst others, the Prime Minister and the Leader of the
Opposition, and whose job it is to nominate the President (with scope for
expansion of this role to, say, appointment of High Court justices).
Retention of term "Crown" to mean the collective bodies politic, represented by the President.
The term "President in consultation with Council" is introduced with a meaning distinct from the terms "President", "President in Council"
Entrenchment of the Senate's proportional representation electoral system with minimum number of Senators per State set at ten.
Removal of the role of State Governments in regulating Senate elections and in filling casual vacancies in the Senate.
Retention of the role of State Governors as representatives of the Head of State - formerly the Queen, now the President - but with no shift in Federal-State powers.
Removal of spent or obsolete provisions, and removal of references to "colonies" except in the transitional provisions.
See Peter Crayson's comments for a complete list.
Last updated 10 December 1997.