The discussions in Robert Dawson’s book, A Democratic Way to Australia’s Republic, can be expected to rekindle interest in the Australian Republic and once again stimulate enthusiasm for change.
Commentators are saying that without a new model, the move towards an Australian Republic will never succeed and, in addition to being acceptable to the necessary majority, the model must also contain different ideas to those causing the present stalemate. However, Robert Dawson believes it is not necessary to begin with a predetermined model.
In his book, he proposes procedures for the electorate to bring about constitutional changes that give the most satisfaction to most people. This can be achieved by the electorate separately voting on the individual issues in question. In this way, the model evolves as the constitutional changes are adopted.
The author proposes starting with a referendum to determine if Australia should give the powers and duties of the Queen and the Governor-General to the President as an interim first step but subject to changes by further referendum questions relating mostly to the establishment of the presidency, including the eligibility of presidential candidates and the method of appointment or election.
The book offers many fresh new ideas and innovative solutions to problems avoided by other authors. These solutions collectively form an integrated strategy for democratically arriving at, not only what form the Republic will ultimately take but also the hitherto neglected procedures for the changeover to the Republic, and these changeover procedures involve a whole range of considerations extra to those for constitutional change.
Decision by referendums
The most important feature of the strategy is for the next republic referendum to be preceded by the enactment of legislation guaranteeing all substantial issues will be decided by referendums subject to the adoption of the interim first step.
The legislation would also require the review of the Constitution to begin soon after the first President is appointed, bringing about the series of further referendums. The author’s approach is an innovative and unique way of having Australia change to a republic without delay and with a minimum of disruption because most details will be decided after the Republic is established.
A similar approach to Federation
He points out that the procedure of adopting the change first and deciding the details later is a reflection of the way in which Federation was achieved in 1901 under very difficult circumstances. If all details had to be resolved before Federation, it might not have been achieved until decades later and that could have been to the detriment of the nation.
Six pages of possible powers and duties for the President are listed. These should satisfy the many people who feel they have not been told what the President might be responsible for.
Powers which are non-political or which should be considered as non-political and which should be free of political influences are suggested for inclusion on the premise that the President should be responsible for all matters which involve impartial decisions including ethical and humanitarian matters such as human rights. If the President is not impartial in these matters it would be unconstitutional.
The powers and duties of the President
The proposed powers and duties of the President include:
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The power to grant pardons and commute punishments on humanitarian grounds
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The power to protect the privacy of individuals
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Protecting special rights of defenceless people such as vulnerable women, children, the elderly, the chronically ill, the disabled and the homeless
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Exercise special powers and duties in respect of the welfare and rights of animals
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Being at the highest level of appeal over the High Court
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Enforce and uphold the Constitution
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Have administrative responsibility for the ombudsman
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Protect genuine whistleblowers
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Oversee the integrity (only) of Members of Parliament
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Responsibility for tribunals, hearings, commissions and inquiries of various kinds. (If these powers were to be granted, it would be appropriate for presidents to be sworn not to exercise any political or legal bias.)
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Powers to protect natural heritage and items of historical significance
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Sponsor good citizenship schemes
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Support victims of crime
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Sponsor the arts, sciences innovation and industry
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Be responsible for the ABC as an impartial vehicle of free speech and for the freedom of media generally.
If the President is given substantial powers, it will be appropriate for the presidential appointment to be by election so as not to compromise the sovereignty of the people. Such a president will have been elected because the electorate sees the candidate as one whose integrity is unquestionable and incorruptible, and whose judgement is considered sound and who would not exercise bias.
Dawson points out that Australians are suspicious of changes to the rules controlling politicians when politicians propose the changes and when referendum questions are written to their conditions. Thus, it is claimed that the failure of worthy changes being rejected in the past due to the lack of faith in politicians is the core of the problem of which the need for bipartisan support to change the Constitution is merely a symptom.
Presidents sworn not to exercise political bias
On the other hand, if Presidents would be sworn not to exercise political bias and are subject to stringent checks and balances, they would be elected for their perceived integrity and trustworthiness.
Thus it would be appropriate for the President to be given the power to scrutinise all proposals for referendums and amend or veto them on the basis of ethics, humanity, natural justice and political bias before they are put to the vote.
Also it would be a President’s duty to add referendum questions or choices to those formulated by politicians or by petition in order to offer to the electorate a balanced choice for determination. The part played by presidents in the formulation of referendums would thereby legitimise suggestions for change and give worthy changes a good chance of being adopted.
With regard to republic models, he reasons that the procedure of offering predetermined models for acceptance or selection in a referendum will probably never achieve an Australian republic.
All republicans have different opinions on all issues and it is doubtful if consensus could be achieved after a long and drawn-out debate.
Indeed, while people of influence struggle for the adoption of their own various preferred models and thus never achieve consensus, the Republic might never become a reality. Thus the only democratic way of achieving consensus is to put all substantial issues as a series of referendum questions, including all matters to do with what form the Republic should take as well as what the various powers and duties of the President will be.
Achieving an acceptable model
If all of these individual issues would be put to the electorate in one or more referendums, the various outcomes would collectively become the most acceptable model. It is the author’s contention that people will have no reason to fear that the results will not satisfy them even if not all issues are resolved according to their personal preferences.
This is because they would have the assurance that everything will have been decided democratically and they would never have been given entirely what they wanted.
Checks and balances
Mindful of the need for checks and balances, he has devised a three-way arrangement.
Subject to adoption by referendum, the Constitution could allow the President to initiate actions against the Government or vice versa if one of them intrudes into the authority of the other, or fails to function effectively according to the constitutional requirements.
To proceed with a dismissal, a two-thirds majority of the High Court would be required confirming that the actions of the offending party are indeed contrary to the Constitution.
The dismissal conditions proposed also allow for the High Court to initiate action against either for the same reasons, by applying to the other to dismiss the offender following a two thirds majority decision to do so. Such a large number of powers and duties are identified that it is clear if the plan is adopted, Presidents will need to be experienced administrators.
They will rely heavily on the support of similarly qualified State Governors to exercise analogous powers and carry out analogous duties at state level.
How to establish the Australian republic
Although the republic debate has received little attention in recent years, we surely can expect it will be revived again in consideration of the strong support for an Australian republic revealed by surveys in the past.
Robert Dawson’s book, A Democratic Way to Australia’s Republic, provides an entirely different approach to establishing a republic in Australia.
It could be described as having many refreshingly new ideas and innovative solutions to problems avoided by other authors Collectively these are an integrated approach for determining how we change to a republic and for progressively deciding the form of the republic itself.
Starting with a referendum question to confirm that Australians do wish to change to a republic, it would be followed with one to decide if we would be willing to adopt a minimalist model as an interim first step.
The referendum would be preceded by the enactment of legislation guaranteeing that, if the minimalist model is adopted, all future substantial issues will be resolved by more referendums They would be held soon after the first President is appointed.
Other questions asked at the same time would relate to the method of appointment of the president and the eligibility of presidential candidates so that the President can be appointed soon after.
These ideas provide an innovative and unique way of having Australia change to a republic without delay and with a minimum of disruption.
This is because the Republic will be first established and most details will be decided after that. The method is similar to the adoption of Federation in 1901 to overcome the difficulties that existed then and which are similar to those that are preventing our progress to a republic now.
Six pages for consideration
For people unable to decide what powers and duties the President might be given, six pages of them are listed for people’s consideration. This feature of the book has been well received by readers.
The author suggests that the President could be made responsible for impartial decisions to do with human rights and other ethical and humanitarian matters. Non-political powers or powers which should be non-political and free of political influences are also listed. Such a president would be bound by an oath of office not to exercise any political bias.
Other suggested powers and duties include enforcing and upholding the Constitution, protecting genuine whistleblowers and overseeing the integrity of Members of Parliament. Also included are responsibility for tribunals, hearings, commissions and inquiries of various kinds, supporting victims of crime, sponsoring the arts, sciences, innovation and industry.
Presidents sworn not to act with political bias would be chosen by the electorate for their integrity and trustworthiness. With certain checks and balances in place they could be made responsible for bodies that should be seen to be independent of political influence such as the Electoral Commission.
Therefore they could be given the power to scrutinise all future proposals for referendums and amend or veto them on the basis of ethics, humanity, natural justice and political bias before they are put to the vote. As a result, very worthy changes would more likely to be adopted without the need for bipartisan support.
The problem with models
Offering a predetermined model for acceptance or selecting one from a number of models in a referendum will not lead to the most satisfactory Australian republic. Thus it would be better to put all substantial decisions, including the form of the Republic and the powers and duties of Presidents as separate referendum questions.
The responses to the questions would collectively become the model giving most satisfaction to most people.
People will have no reason to fear that the results will not satisfy them even if not all issues are resolved according to their personal preferences. That is because they would have the assurance that everything will have been decided democratically and they would never have been given what they wanted.
Checks and balances
A three way system of checks and balances, subject to endorsement by referendum, would add provisions to the Constitution allowing the President to initiate actions against the Government and vice versa if either was to violate the Constitution.
A two thirds majority of the High Court confirming that the Constitution had been violated would allow a dismissal to proceed.
Presidents will need to be accomplished administrators if Dawson’s scheme is adopted and they are given extensive powers and duties. They will need similarly qualified state governors to carry out similar duties at state level.
When to establish the Australian republic
The timing of the changeover should be carefully considered. Perhaps many people, wishing to avoid causing offence to the Queen, have said that we should not create the Republic in her lifetime.
However, after her death it would not be possible to thank the Queen for her services to Australia and more offence might be caused by delaying.
It would be most offensive to inform the new King that his services will not be required.
If the change to an Australian Republic is made during the lifetime of the Queen then she or a member of the Royal Family representing her, could be our guest of honour at the changeover ceremony.
It would be fitting that the proceedings should conclude with the presentation of a special gift for the Queen as a token of the appreciation of the Australian people for her past service to our country as Head of State.
If the Queen herself is present at the ceremony, she might respond with a speech and spend the next few days touring the country hosted by the new President so that all Australians will have the opportunity to show their appreciation to her.
Of course, all members of the immediate royal family would be invited to attend the ceremony and to tour with the Queen.
