Constitutional Reform in Australia

The Australian Constitution came into force on 1 January, 1901. The document has barely changed since then, and remains in many respects a relic of a colonial era. The question of whether Australia should dispense with the British monarch as our Head of State and replace the monarch and her representative, the Governor-General, with a democratically elected President has prompted debate on constitutional reform.

In order to contribute constructively to this debate, I am producing a number of versions of an amended republican Constitution. The minimalist ("Stage 1") models propose various methods for nominating and appointing the President, with Model 1 being my preferred option.

Stage 1 amendments implement a republican form of government and include some other reforms which it would be expedient and desirable to implement concurrently. Changes are in accordance with the "minimalist" paradigm, aimed at achieving a republic with a minimum of change.

• Summarised comments on the minimalist models
• Minimalist Model 1 - Nomination of the President by a "Constitutional Council" with the Parliament able to decide whether to appoint the President by a Parliamentary super-majority or to provide for a popular election. This combines the best aspects of Models 2, 3 and 4 and is the most flexible model. This is presented as part of an entire amended constitution, and is my favoured model.
• Minimalist Model 2 - Nomination of the President by the Prime Minister with appointment by a Parliamentary super-majority. This is the scenario favoured by the Australian Republican Movement, but according to opinion polls, comes a distant second to support for popular election of the President. It is included here mainly for purposes of comparison with the ARM models and with my other models. Only those sections which differ from my Model 1 are presented here.
• Minimalist Model 3 - Nomination of the President by a "Constitutional Council" with appointment by a Parliamentary super-majority. This is similar to Model 2, but is one step further from the politicians and one step closer to non- or bi-partisan nomination. The advantage of this model over Model 1 is in its simplicity, but the disadvantage is in its inflexibility. Only those sections which differ from my Model 1 are presented here.
• Minimalist Model 4 - Nomination of the President by a "Constitutional Council" with popular election. Popular election seems to be the preferred model of the general public. This takes the non-/bi-partisan nomination of Model 3 and combines it with popular election rather than Parliamentary appointment. Like Model 3, the advantage of this model over Model 1 is in its simplicity, but the disadvantage is in its inflexibility. Only those sections which differ from my Model 1 are presented here.
• Comparison chart for comparisons with the current Constitution. See also Stephen Souter's comparison chart for comparisons with other republican constitutional models.
• Minimalist Model 1A - Same as Minimalist Model 1, but with references to amendments edited out and renumbering and contemporisation of punctuation for ease of reading.

Stage 2 amendments implement more substantial changes which are not necessarily part of the republican agenda.

• Suggestions for Stage 2 models - Expressed as amendments to Minimalist Model 1.
• Stage 2 Model 1 - To be considered for implementation after the establishment of a republic. Retains the States. (Not completed yet!)
• Stage 2 Model 2 - Same as Stage 2 Model 1, but dispenses with the States and provides for the establishment of smaller Provinces. Only those sections which differ from my Model 1 are presented here. (Not completed yet !)

Related sites:

• The Australian Constitution currently in force, from the Senate.
• Another copy of the Australian Constitution currently in force, from the Prime Minister's office.

• The Australian Republican Movement home page, and Minimalist Republican Constitutions proposed by the Australian Republican Movement.
• The Constitutional Centenary Foundation home page. This organisation promotes understanding of, and discussion about, the Constitution.
• Constitutions of other countries from International Constitutional Law.
• Constitutions of other countries from Washburn University School of Law.
• National Library of Australia - The Republic Debate and the Constitutional Convention
• The Proportional Representation Society of Australia.
• The Queen's web site. See her page on "Commonwealth Realms" for the Queen's clear statement that she is the current Head of State of Australia. Note that although the term "Head of State" is not actually mentioned in the text of the Constitution, the term "sovereign", meaning the same thing (but specifically in a monarchical context), is used. In any case, the Head of State is the official who is at the apex of the constitutional pyramid, and according to s.2 of the Constitution, this is, unambiguously, the Queen, with the Governor-General as her representative.
• Australians For Constitutional Monarchy, the main opponents of the Australian Republican Movement.
• The Australian Monarchist League, possibly more vehemently opposed to change than the Australians For Constitutional Monarchy.
• The Prime Minister's site on the Constitutional Convention.
• Australian Electoral Commission information on the Constitutional Convention.
• (Want any others added here? Please let me know!)

This site has been registered with the Constitutional Convention Secretariat as submission number 349.