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STATEMENT OF BELIEFS

I believe that Australia is a fundamentally democratic nation. It was an advanced democracy at the time of Federation in 1901, and became even more democratic when we effectively gained independence from Britain in 1941/42. Our democracy, which depends on values of tolerance and egalitarianism basic to Australian society, is expressed most clearly in the people's ownership of the Constitution, which cannot be altered without our consent.

Unfortunately, this Constitution, the most important expression of the people's sovereignty, causes enormous confusion among Australians as well as foreign observers. At its heart lies the sovereignty of the British Crown over our country, expressed in the position of the British Monarch as Australia's Head of State - whose identity is thus determined by British law. Of course, the real situation in our "Clayton's monarchy" is that our de facto Head of State is the Governor-General, who is appointed by the Prime Minister, and who in turn appoints the Prime Minister, can dismiss the Prime Minister, and can be dismissed by the Prime Minister. Monarchists tell us this system is not "broke" and does not need to be fixed.

Today, perhaps more than ever before, many Australians feel alienated and excluded from the political process. Extremist groups prey on these feelings of powerlessness, and on the perception that a political elite has hijacked our country. As Australia matures into a republic, it is vital that we, the people, assert our sovereignty over our nation, through our ownership of the institution of Head of State - an institution that should be the embodiment of our democratic values. It would be a tragedy if we traded the Clayton's monarchy for a Clayton's republic.

HEAD OF STATE OF AUSTRALIA: GENERAL PRINCIPLES

The Constitutional Convention will be limited to consideration of the selection and powers of our Head of State. There has been much discussion of other issues and other aspects of our Constitution, but regardless of their value, they are irrelevant to the Convention and the election thereto.

The institution of Head of State should reflect the will of the people. I make three basic assumptions about the aspirations of the Australian people:

1. Most Australians want to retain our parliamentary system of government and an essentially ceremonial, non-political Head of State.
2. Most Australians will not support major changes to the power relationship between the Head of State, the Government and the Parliament
3. Most Australians want to have their say in electing the Head of State, instead of leaving the selection process to politicians.

Many "experts", usually members of the political elite, would have us believe that these three aspirations are incompatible. I would suggest that, if they lack either the imagination or the will to build a system that meets the people's aspirations, they should get out of the way and leave the job to those who are willing to do it.

I submit that a workable, democratic set of constitutional changes to meet these aspirations should follow this general outline:

Eligibility

• A candidate for Head of State should meet the normal requirements for election to Parliament, and should not have been a Member of Parliament or a member of a political party for an appropriate interval.

The Nomination Process

• In order to maintain the dignity of the office and of any election that becomes necessary, a candidate must achieve nomination by an appropriate number of Members of Parliament or an appropriate (and obviously far greater) number of electors. This should ensure that the number of nominations is small - and there will often be only one nomination.
• Some special provisions regarding the re-opening of nominations under specified circumstances should be considered, in order to discourage political parties from standing de facto party candidates.

The Election Process

• If the nomination process results in only one candidate, the appointment of that person could be ratified by a two-thirds majority in a joint sitting of Parliament. Rejection of the sole candidate would lead to re-starting of the nomination process.
• If there were more than one candidate, obviously the people would decide between them in the normal democratic manner.

Tenure, Powers and Removal from Office

• The Head of State should serve a single term of specified length. The possibility of re-election would be a potential distraction from the Head of State's important unifying role.
• Parliament should have the power to remove a Head of State from office by a three-quarters majority vote.
• The powers of the Head of State should generally be those currently held by the Monarch and the Governor-General. Codification of these powers, or any limiting of the reserve powers, should not be attempted at this stage, with one exception. The Head of State obviously should not have the power to frustrate an attempt by Parliament to dismiss him or her.
• The lunatic proposal to give Parliament the right to codify the powers of the Head of State, and thus usurp the sovereignty of the people over our Constitution, should be resisted at all costs.

THE NON-NEGOTIABLE BOTTOM LINE:

The process to choose Australia's Head of State

1. must give the people the right to be involved, in an open, democratic and transparent manner, in both the nomination phase and the election phase,
2. must minimise the possibility of a politically aligned Head of State,
3. must not be left to backroom deals among political parties.

Now move on to:

• "People's President" - The Best of Both Worlds
• A Specific "People's President" Proposal:
  Eligibility -- Nomination -- Election -- Tenure and Dismissal

Ross Garrad, 8 November 1997