The ideas about the Crown in the comments for the previous post The Crown and The States deserve a unique post.
The idea that we can modify the Crown (in right of the Commonwealth and the Australian states) to make it democratic and egalitarian is a key concept for the change to a republic. We are already in a sense a “Crowned Republic” with the British monarch as our head of state. If this approach is taken, we will remain a “Crowned Republic” and the change will be to institute a democratic way to regularly fill the position of Australia’s head of state and placing the details in the Constitution after a successful referendum.
The idea is actually not that radical, although it has not been done before. The Statute of Westminster 1931 introduced a fundamental change to the nature of the Crown. The Crown became divisible so that the former Dominions could become progressively independent of Great Britain. Australians at the time were not keen on the change in status and the Statute of Westminster was only ratified in 1942 and to take effect from the day when Australia entered WWII.
While the Crown is divisible, up until the present time all of the Commonwealth realms have the same individual person as their head of state, Queen Elizabeth II. In each of the Commonwealth realms, such as Great Britain, Australia and New Zealand, the Queen has a unique title. The head of state for Australia is called, courtesy of the Royal Style and Titles Act 1973,
Elizabeth the Second, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.
The change is subtle but it does open the possibility that the national heads of state for the Commonwealth realms might in time be different people.
The Crown in the Commonwealth realms
The evolution of the Commonwealth realms has led to the scenario wherein the Crown has both a separate and a shared character; it is a singular institution with one sovereign, but also simultaneously operates separately within the jurisdiction of each country, with the Queen in right of a particular realm being a distinct legal person who acts only on the advice of the Cabinet of that state. This means that in different contexts the term Crown may refer to the extra-national institution shared amongst all 16 countries, or to the Crown in each realm considered separately.
Wikipedia – Commonwealth realm
We naturally associate the Crown with the monarchy. There is the possibility of defining the Crown in right for the Commonwealth and Australian states so that we can regularly elect an Australian to play the role of our head of state. The process for election would best be placed in the Constitution as a new section after a successful referendum.
The Statute of Westminster 1931 also includes in the preamble a statement that all the Commonwealth realms should agree to any changes in the rules for succession to the Crown (or Throne):
And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom.
There are at present 16 nations with Queen Elizabeth II as their head of state, the Commonwealth realms.
Changing the Crown in right of the Commonwealth of Australia and the Australian states and territories so that we can regularly elect an Australian to be our head of state could be argued to be a change to the rules of succession for the Crown in right of Australia. It accords with the notion of a divisible Crown. It may be possible to ask the Commonwealth realms to formally recognise such a democratic change to the Crown in right of Australia after a successful referendum to institute a democratically elected Australian as our head of state. Some nations such as Canada may refuse to condone such a change. In that case there might be other ways to formally cut our ties with the monarchy.
The point of this post is that the Crown and the monarchy are not welded together. It may be possible to separate the Crown from the monarchy and define a democratic Crown for Australia. This is NOT about trying to set up a bunyip aristocracy. It is about setting up a PROCESS for the regular direct election of an Australian head of state and fitting that to our Constitutional arrangements and history. The rules for a direct election of our head of state could be added to the Constitution as a new section. I know that any Jungian word association test for the word “Crown” would automatically result with words like “Queen”, “monarchy” or “royal”. But we can still find a meaningful way to define a democratic Crown for Australia.
Why bother? Because the Crown is a unifying symbol and concept for our federation and it actually underpins many of our democratic institutions and traditions. It could be dangerous to just jettison it as if it were old baggage. It also makes the change to a republic that much more easier. It also has value in that the head of state would be expected to continue with the conventions of the monarchy so that that they act only on advice of the cabinet and Prime Minister.
Another thing may be the wish to emulate the republic of the United States and their Declaration of Independence. Dear old Maj is simply not going to inspire that kind of fervent republicanism, I am sad to admit. We have to find our own way to independence and its better off that we head off with the blessings of the monarch rather than running away like a spoilt, petulant teenager.