A real republic doesn't just have a President instead of a
monarch - it has a Constitution that makes it clear that We, the People, are the
sovereign, and that the politicians and the executive government are our
servants whose powers are to be used for the public benefit, not for their own
benefit or sheer love of power. That is, power in a republic comes from the
bottom up.
The present Commonwealth Constitution assumes that power comes from the top
down. It gives the members of Parliament power to make laws about who has the
right to vote, to change the electoral system, and to determine their own
privileges and their own salary and other entitlements. It masks who really
holds executive power by "vesting" it in the Queen and Governor-General (see section 61), when it is
really exercised by the Prime Minister and Cabinet, and then subjects it to
no limitations.
The the ARM's proposed minimal changes to the Constitution
do nothing to remedy the above defects. The Constitution will still be in most
respects a top-down Constitution if these minimal changes are accepted. And a
minimal change to section 61, to vest executive power in the President will
cause confusion as to who has the real executive power and fuel the fears of
those who believe that a republic will be unstable because of rivalry between
President and Prime Minister.
I am still a "minimalist" in that I do not want to change to a US-style
executive President, or make any immediate changes to the federal system (though
there ought to be another Convention sometime to
discuss the federal division of powers), BUT
I suggest that the Constitution needs changes, in particular-
to guarantee our basic legal and political rights;
to put some limits on the powers of both
Parliament and
the executive government;
to define the President's role, so that, no matter how he/she is to
be elected, it is clear that the job is simply to be the guardian of
Constitutional government and not some sort of head of the executive government,
rivalling the Prime Minister; and
to make it easier for people other than the government in power to propose
further constitutional amendments.
Though I can see much merit in the ARM's argument that election by the
Parliament (with a requirement for a large majority) would be the best
way to select a person for this neutral role, I believe that the electors
should be given a choice of republican models, on this issue and maybe on
others.
(See Electing the President.)
There are many other candidates who also believe in a more
genuinely-republican Constitution, in a clearer definition of the role of the
President, and in trusting the voters with a choice of options at a referendum
[and I have put them all fairly high on my preference ticket]. However, of all of them I
am the one who has been doing by far the most work on drafting alternative
amendments, and has by far the clearest and most comprehensive proposals for
a properly-democratic Constitution for a republic. I will be the one who
will best be able to argue for these proposals at the Convention.
(See Constitutional Alterations for a Real
Republic now, if you didn't click it earlier.)
Thanks to Ross Garrad - another good
democratic republican candidate (5th on my preference ticket) - for giving me
space on his Web server.
John Pyke, last revised 20
November 1997