CONTEMPORARY AUSTRALIA 10. The Republic? Chris Baker From the Monash University National Centre for Australian Studies course, developed with Open Learning Australia In the tenth week of the course, Chris Baker examines opposition to the monarchy in Australia. The republican nature of Australian life. 1975: a year of constitutional crisis. The failure of the 1999 referendum and the future of the monarchy in Australia. Chris Baker is a lecturer at the National Centre for Australian Studies, Monash University, Melbourne, Australia. 10.1 The first Australian republicans 10.2 20th Century republicans 10.3 The new republic and its enemies 10.4 The 1999 referendum 10.5 Further reading 10.1 The first Australian republicans Republicanism has always been in the Australian background. Ever since the British founded a convict colony in New South Wales in 1788 Australians had before them the example of Britain's American colonies, who in 1776 declared their independence to found the United States of America. The most consistent republican in those years was the Presbyterian minister and veteran trouble-maker John Dunmore Lang, who after returning from a visit to England gave a well-attended series of lectures in 1850 entitled 'The Coming Event: or the United Provinces of Australia'. In these talks, subsequently published as a pamphlet, he argued for the federation of New South Wales, Van Diemen's Land (Tasmania), South Australia, New Zealand, and the new colony of Victoria, together with two new provinces in what later became Queensland. The new federation would flourish as a republic and, like the Americans with their Monroe Doctrine, the Australians would extend their hegemony over the neighbouring islands of the South-west Pacific: a dream of regional imperialism which often formed part of nineteenth century republicanism. The response to Lang's lectures emboldened him to form a society for promoting a federal republic, the Australasian League. The league didn't last long, but Lang cherished his dream until his death in 1878. During the goldrushes of the 1850s republicanism surfaced from time to time in Victoria, most notably in 1854 at Eureka Stockade, when the rebels raised the Southern Cross flag and proclaimed the Republic of Victoria - surely the only republic to be named after the reigning monarch. But although Peter Lalor called his goal 'independence' it was never precisely defined, and in the upshot most of the Eureka rebels and their generation were content to live out their lives in a self-governing colony with adult male suffrage and one of the highest living standards in the world. Britain did not offer enough provocation to © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 1 stir strong reactions, and the British connection was too useful to the Australian colonies as a source of migration, investment, and defence to discard in a hurry. Many of the cartoons published in the Sydney Bulletin in the 1880s had a strong nationalistic colouring, often with a republican tinge. With the wide-spread excitement at Australian involvement in the Boer War at the turn of the century, many Australians came to see their country as more directly linked to the fortunes of the British Empire, and earlier republican sentiments were largely dissipated by the time of Federation. 10.2 Twentieth Century republicans Not until the late 1950s would a Republican Party be formed to contest Australian elections. That party gained little support from press or public during the 1960s, and faded from view. In 1964 the eminent Australian writer Geoffrey Dutton stirred 'the republican debate' with two articles published in Nation magazine. Apart from upsetting a few conservatives and leading to a demand for his resignation from the exclusive Adelaide Club, this literary foray had little long-term impact. The following year saw another prominent Australian author, Donald Horne, take up the cudgels for an Australian Republic in his widely read book, The Lucky Country. Many traditions were challenged during the Vietnam War period and the era of the Whitlam Labor Government, but for all the public protest and social ferment little was heard of the 'Republic' issue. Many Australian eyes were focused on Asia, and on our involvement with the 'American empire', rather than on our traditional British ties. However, the spectacular sacking in 1975 of Prime Minister Gough Whitlam by the Queen's Australian representative, Sir John Kerr, brought our British links back to centre stage again. Read more about the events of November 11 1975. Many on the left of Australian politics, and particularly those associated with the Trade Union movement, were motivated to call for an Australian Republic so as to prevent future British Crown 'interference' in Australian parliamentary affairs. But when the conservative parties responsible for Whitlam's dismissal were swept back to power it became obvious that the traditional tie with the British Crown and the related republic question were still nonissues for most Australians. It was very difficult for older generations of Anglo-Celtic Australians, who had grown up with the monarchy, to take republicanism seriously. In the years following the Second World War, large numbers of non-British European migrants had entered Australia, and they and their children would find it more difficult to fit into the older, Anglo-Celtic thought-world. Initially, most of them were too involved with battling for a living in a new and strange land, or too repulsed from political involvement by the totalitarianism of Nazi Germany or Eastern Europe, to enter into public debate about the relevance of the British Crown. In so far as they desired to become candidates for Australian citizenship, they would be required to swear allegiance to the Queen. © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 2 10.3 The new republic and its enemies By mid 1981 the Australian Labor Party had made the historic decision to incorporate the word 'republic' into its official platform, and doubtless the dismissal of the Whitlam Government by a representative of the Queen had contributed to that action. But there were other important reasons to recommend such a fundamental change of position, and particularly the ever-increasing importance of Asia and the declining role of Britain in Australia's export and import trade; more especially since Britain was increasingly locked into that exclusive trading club, the European Common Market. The change in Labor's official attitude to an Australian republic, did not stop most Australians from taking a keen interest in the television coverage of the marriage of Prince Charles to Lady Diana Spencer a few days later. Some years before, Charles had come to know a few Australians at first hand, while a student at Geelong Grammar School. Public opinion polls, even in the late 1980s, did not indicate any real enthusiasm to cut Australia's links with the Queen. That situation changed dramatically during the early 1990s, with a 1992 poll indicating that nearly three in five of the survey sample favoured a republican form of government. The most significant aspect of this survey was that by 1992 almost half of the Liberal voters polled supported the idea of an Australian Republic, suggesting that Australians are no longer seriously divided on this issue along party political lines. From the middle of 1991 the republican cause has been widely promoted through the Australian media by members of the Australian Republican Movement, whose leadership is composed of prominent intellectuals and professionals. This movement has not gone unchallenged by representatives of an older constitutional order; Australian monarchists including Dame Leonie Kramer replied to the challenge by forming Australians for Constitutional Monarchy under the leadership of the former Chief Justice of Australia's High Court, Sir Harry Gibbs. The debate as to whether now is the time to cut our links with the monarchy and make our independence obvious to all, is currently still alive. The main difference from earlier eras is that although many conservative Australians still prefer to be citizens of a constitutional monarchy, there are others on that side of politics who can no longer see the point of maintaining traditional links with the British royal family, more particularly given controversy over the lives of younger members of the House of Windsor. Advocates of the republican cause also point out that with Britain's ever-greater involvement in the European Community, the Queen can now at times be found advocating causes that are directly contrary to Australia's national interests. At a political level, the current advocacy of Australian republicanism has been closely tied to the economic realities of our need to increase trade with Asia: an Asia that suspects our European 'colonial' heritage. Broader developments soon changed the context of discussion over Australia's form of government. Britain's ever-greater involvement in the European community showed that the Queen was obliged to advocate causes directly contrary to Australia's national interest in matters of trade and defence planning. As Australia formed stronger links with Asian nations, it became clear that some governments in the region tended to see the country as retaining a colonial status in regard to Britain. The realities of Australia's need to increase trade with Asian countries have stimulated the republican debate. Finally, by © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 3 the early 1990s, opinion polls registered that a large proportion of Australian voters favoured a change to a republican form of government. The Labor Party adopted the aim of working towards a republic in 1981. A 1992 survey revealed that almost half of those polled who described themselves as Liberal or non-Labor voters supported the idea of an Australian Republic. In addition to the other factors influencing public opinion since World War Two, the very structure of the population had changed. Immigrants who had arrived in the post-war period from non-British countries, and their Australian-born children, had begun to add their voices to the debate on the relevance of the British Crown. Significantly, people about to reach voting age at the end of the century have no memory of the heyday of Empire and the Australian adulation of the monarch which persisted long after its decline. 10.4 The 1999 referendum Almost one hundred years after Federation, a second Constitutional Convention was convened. The 1998 convention utilised the procedures the advocates of federation had adopted at a meeting in the border-town of Corowa in 1893 to overcome the last objections of the various colonial governments to union. The 'Corowa Plan' was that each colonial parliament should pass an Act allowing for a convention to devise an Australian Federal Constitution, and that the delegates to the convention be elected directly by the people, not appointed by the colonial legislatures. The new constitution, written by the convention, would then be submitted to the voters by means of a nation-wide referendum. The delegates to the 1998 Constitutional Convention were selected in two ways. Half were elected directly by the public, and half were appointed on the recommendation of the government. As discussions proceeded, it became clear that the central question for an Australian republican government concerned the manner in which the head of state would be chosen, and the powers that office would command. The Convention resolved that the head of state, to be known as the president, would be chosen by a two-thirds majority of the Federal Parliament. The controversial 'reserve powers' of the head of state were not to be altered according to this model. Following the precedent set 105 years before, the question of whether Australia would become a republic or retain its links to the British constitutional monarchy was to be put to the electorate in a referendum. The referendum to allow the constitutional changes necessary for Australia to become a republic was held on 6 November 1999. Australians voted against a republican form of government. The model for the choice of the president was that decided by the 1998 Constitutional Convention. The wording of the referendum question to be answered 'Yes' or 'No', was to allow for 'A PROPOSED LAW: To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament'. Read the Australian Electoral Commission's report on the 1999 referendumThe first constitutional referendum failed in 1898, but succeeded one year later. As we have seen, government-initiated referendums have been a feature of Australian democracy since Federation, and a widespread belief that the Australian electorate invariably refuses to cast `Yes' votes in referendums is unfounded. Eight of the forty-four referendums conducted this century have been carried. Australians voted against the © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 4 constitutional changes, but the government retains the power to put the issue to the electorate again in the future, and to rework the wording of the question. Some questions you might like to investigate are: • What are the arguments for leaving the Constitution the same? • What consequences would flow from the various ways suggested for the selection of the president? • How would the relations between Federal and State governments, the powers of the Courts and Parliament, the purview of local government, be changed under the various suggested amendments to the Constitution? • Is gender a useful concept for the analysis of attitudes to constitutional change? Is age group? • How would a republican constitution affect questions such as recognition of native title and redress of past wrongs for indigenous people? The debate over whether Australia should become a republic brings together questions not only about our relations with Britain and the Asian region, but the constitutional arrangements that we have operated under since 1901. It also dovetails with the increasing desire of Aboriginal Australians for recognition of their prior occupation of this country. Land ownership, the role of State and Federal governments, the relative power of the Courts and Parliament - these are just a few of the issues that will provoke debate in the opening years of the twenty first century. 10.5 Further reading The Australian Republican Movement http://www.republic.org.au/ Australians for Constitutional Monarchy http://www.norepublic.com.au/ The Australian Monarchist League http://www.monarchist.org.au/ An Australian Republic Unplugged http://www.statusquo.org/ 1999 Referendum Republic Debate Guide Australian Broadcasting Corporation (ABC) Online http://www.abc.net.au/referendum99 The Constitutional Convention 1998 Australian Parliament, Hansard http://www.aph.gov.au/hansard/conv/hancon.htm Constitutional issues WebLaw Constitutional Law Resources © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 5 Subject gateway to Australian Legal Resources http://www.weblaw.edu.au/weblaw Searchable Constitution Act Scaleplus, Attorney-General’s Department, Commonwealth Government http://scaletext.law.gov.au/html/pasteact/1/641/top.htm Australia Act 1986 Scaleplus, Attorney-General’s Department, Commonwealth Government http://scaletext.law.gov.au/html/pasteact/1/973/top.htm Australian Federation Full Text Database University of Sydney, New South Wales http://setis.library.usyd.edu.au/oztexts/fed.html Republic Project Gilbert & Tobin Centre of Public Law, University of New South Wales http://www.gtcentre.unsw.edu.au/republic-project.asp Essays and commentary Aspects of the Commonwealth Constitution by Chief Justice Murray Gleeson ABC Radio National, Boyer Lectures http://www.abc.net.au/rn/boyers/stories/s219789.htm http://www.abc.net.au/rn/boyers/stories/s222137.htm The Keystone of the Federal Arch, the High Court by Chief Justice Murray Gleeson ABC Radio National, Boyer Lectures http://www.abc.net.au/rn/boyers/stories/s225028.htm The Judiciary by Chief Justice Murray Gleeson ABC Radio National, Boyer Lectures http://www.abc.net.au/rn/boyers/stories/s227020.htm Australia’s constitutional identity: a conundrum for the 21st century? By Helen Irving ABC Radio National, The Barton Lectures http://www.abc.net.au/rn/sunspec/stories/s277197.htm Office of the Governor General ABC Radio National, The Law Report http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s490364.htm Back to top © National Centre for Australian Studies, Monash University, 2005. All rights reserved. 6
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