Bi-partisan appointment republican model
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{{Use Australian English, date=May 2018 The Bi-partisan appointment republican model is a proposal for Australian constitutional reform. If approved at
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
, the model would have established Australia as a republic with a
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
appointed by the
Australian Federal Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
. The model was put to the people at the November 1999 republican referendum and was defeated by 54.4% of voters.


Model details

Under the model, nominations for the Head of State or President could have been made by any Australian citizen or group of citizens. These would have been received by a nominations committee established by Parliament. The committee would provide a report to the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
on the most suitable candidates for the position. The Prime Minister would select a candidate after securing support from the
Leader of the Opposition The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
. This ''bi-partisan'' part of the procedure gives the model its name. The formal appointment of the Head of State would have been made in a joint sitting of Parliament, attended by members of both the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. A special
two-thirds majority 2/3 may refer to: * A fraction with decimal value 0.6666... * A way to write the expression "2 ÷ 3" ("two divided by three") * 2nd Battalion, 3rd Marines of the United States Marine Corps * February 3 * March 2 Events Pre-1600 * 537 – ...
would have been required to
ratify Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
the candidate's appointment as Head of State. The powers of the proposed Head of State would not have been substantially different from those of the reigning
Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
and
Governor General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...
. The Head of State would have been vested with the powers of
executive government The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ba ...
, but those powers would have been normally exercised on the
advice Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder * Advice (p ...
of ministers. Under the model, the term of the Head of State would have been five years. The Head of State could have been removed by the Prime Minister but this decision would have been subject to confirmation by the House of Representatives within thirty days. Any vacancy in the post would have been temporarily filled by the longest-serving state governor.


Rationale

If implemented, the model would have established an Australian Republic by removing constitutional links to the monarchy. References to either Queen or Governor-General in the Australian constitution would have been replaced by a reference to the President of Australia. Supporters of the model argued that appointed presidents would carry out the presidential duties in a very similar fashion to the current Governor-General, as the method of appointment requires the combined support of the major political parties. The President would continue to act on the advice of the Prime Minister, as to do otherwise would invite dismissal. Consequently, the change to a republic is argued to have minimal impact on the rest of Australia's parliament and government. Although the 1999 referendum was limited to the federal jurisdiction, the model is able to be adopted with little modification by each of the six
Australian states The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
to formally break ties with the
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monar ...
.


Critique of the model

The model was criticised for its lack of democratic qualities. The Head of State is not elected by the people and the Prime Minister may legally ignore all nominations made by ordinary citizens. The model was specifically criticised for allowing the Prime Minister to dismiss the Head of State. The model was also criticised for its bi-partisan mechanism. According to some, the deliberate seeking of support by the Prime Minister to the Opposition Leader, who are by definition political adversaries, may influence the outcome of other policy contests. The
mandate Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics), the power granted by an electorate Mandate may also r ...
implicitly conferred by two-thirds of the parliament may encourage the President to make use of
reserve power In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in ...
s.


History

The model was originally developed by legal academic
George Winterton George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Prof ...
, and influenced by systems used in Europe. The central concept was for a President, appointed by a two-thirds majority of parliament. Subsequent to a judicial process, the President could be dismissed by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
in both houses of parliament. After consulting with other experts, the proposal with drafted amendments was published in the ''Independent Monthly'', March 1992 and was supported by the Australian Republican Movement (ARM). In 1993 the model was reviewed as one of four options by the Republic Advisory Committee, chaired by
Malcolm Turnbull Malcolm Bligh Turnbull (born 24 October 1954) is an Australian former politician and businessman who served as the 29th prime minister of Australia from 2015 to 2018. He held office as leader of the Liberal Party of Australia. Turnbull grad ...
who shortly after became ARM chairman. Prime Minister
Paul Keating Paul John Keating (born 18 January 1944) is an Australian former politician and unionist who served as the 24th prime minister of Australia from 1991 to 1996, holding office as the leader of the Australian Labor Party (ALP). He previously serv ...
presented a slightly altered version, providing both appointment and dismissal by a two-thirds majority of parliament. He declared that this version, often called the ''Keating-Turnbull Model'', should be put to the people. Under Prime Minister
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the ...
, the model was closely examined and criticised at the 1998 constitutional convention. The model evolved to incorporate a nominations committee and authority to dismiss the Head of State was taken from the parliament and given to the Prime Minister. With these changes, the model was supported by a simple majority of 73 out of 152 delegates, 22 abstaining. An
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
of 89 then agreed it should be put to the people. At the
1999 Australian republic referendum The Australian republic referendum held on 6 November 1999 was a two-question referendum to amend the Constitution of Australia. The first question asked whether Australia should become a republic with a President appointed by Parliament foll ...
, the model was supported by opposition parties, progressives and some conservatives who feared a future directly elected president, while monarchists and those favouring other republican models rejected it. The referendum failed, with especially large majorities against in rural and outer suburban
electorate Electorate may refer to: * The people who are eligible to vote in an election, especially their number e.g. the term ''size of (the) electorate'' * The dominion of a Prince-elector in the Holy Roman Empire until 1806 * An electoral district or c ...
s. After the defeat, the Australian Republican Movement downgraded the model's status from preferred to one of six possible options. Its long-term future is likely to depend on the result of a proposed models
plebiscite A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of ...
, which would allow electors to directly show their support for this version of republicanism.


References

* ''Road to a Republic'' (2004, Senate Printing Unit) * Turnbull, Malcolm 'An Australian Republic' (1993, AGPS Canberra)


See also

*
Australian republicanism Republicanism in Australia is a popular movement to change Australia's system of government from a constitutional parliamentary monarchy to a republic, replacing the monarch of Australia (currently Charles III) with a president. Republicanism ...
Republicanism in Australia Government of Australia