My submission to the Senate Re: Plebiscite for an Australian Republic Bill 2008

February 6, 2009 at 2:07 pm · Filed under Australian Constitution, Australian Republican Movement, Constitutional Monarchy, Constitutionalism, Monarchy, Politics

Monday, 26 January 2009

The Secretary
Finance & Public Administration Committee
Parliament House
Canberra, ACT 2600
Fpa.sen@aph.gov.au

Re: Plebiscite for an Australian Republic Bill 2008

I am an Australian citizen who has a keen interest in parliamentary and constitutional issues. I graduated with a BA (with distinction)/ LLB from University of Wollongong in 2008. I have a keen interest in politics and parliamentary process.

In response to the invitation to make a submission on this bill, I wish to put the following to the Committee:

(I) There is only one way to change the constitution. This is via a referendum pursuant to s128 of the Constitution. A plebiscite can have no legal effect.

(II) Details of the proposed republic have not been disclosed to the public.

(III) I believe a plebiscite on a republic would be undesirable for three reasons:
(a) Firstly, a plebiscite invites the people to reject the existing constitution without being given an alternative constitutional arrangement. This is tantamount to asking for a vote of no confidence in the existing constitution;

(b) If the plebiscite yields a strong vote in support of a republic this could trigger political instability;

(c) It will be a costly exercise and a waste of tax payers money for an issue that was resoundingly rejected by the Australian people in 1999. 72% of all electorates rejected the republican preferred model, and not one state approved the referendum.

(IV) In addition to the above I am concerned that any affirmative result in a plebiscite could be used to justify a dubious process by which the legislature might bring about a republic. According to some legal opinion, it is technically possible for the Commonwealth Parliament, acting at the request or with the concurrence of the Parliaments of all the States to repeal section 8 of the Statute of Westminster 1931 and thereby amend the Commonwealth of Australia Constitution Act 1900. A plebiscite must not be used to bypass the most important democratic safeguard of our constitution – that our constitution may not be altered by parliament unless proposed alteration gains the approval of the citizenry.

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