15.11.06
State Constitutions
The view of the Copernican Group is that the States have an important role in the Australian federation and models developed by the group readily address the issue of how a State should break its ties with the monarchy.
The following background speech was given to the Third Republican Gathering in Brisbane on 5th November 2006 by David Latimer, in response to the session on “Should the States play a role in moving towards a republic and if so, what steps can be taken.”
Australia is a federation and the Queen is currently the Head of State for each state as well as the Commonwealth. For all practical purposes, she is represented by a governor, who is appointed by the Queen on the advice of a State Premier.
Each state has its own constitution, and must take steps to break its ties with the Crown, if Australia becomes a republic. A convention in Gladstone, Queensland was held in June 1999 to consider options for the states leading up to a possible referendum YES vote. There were a number of points of general agreement. The states agreed to retain a separate office of state governor for each state. In broad terms it was agreed candidates for governor should be vetted by a nominations committee before one was appointed by the Premier with the agreement of the Opposition Leader.
With respect to the federal constitution, State governors have a role in the election and appointment of Senators and it was felt new mechanisms would be required. Governors also retain dormant commissions to become acting Governors-General and this was a constitutional design issue at the federal and state levels.
As the 1999 referendum failed, it was not possible to implement any of these changes.
The following are points for consideration for the next effort to establish an Australian republic:
- State Constitutions should be consistent with the proposed federal constitution and any new federal legislation.
- Most sections in a state constitution can be altered by enacting ordinary legislation however some sections are entrenched and require a special majority or statewide referendum to alter them. Queensland and Western Australia require a referendum to alter the office of Governor.
With this in mind, the late Richard McGarvie proposed holding a joint state-federal referendum so that all seven constitutions would be altered together or not at all.
Queensland Premier Beattie proposed that state governments could take the lead in appointing governors without the Queen. So far, Queensland has altered the appointment procedure by allowing a parliamentary discussion prior to the appointment of Governor Bryce. It is a very small step, but one more than has been taken elsewhere in Australia.
Further information:
Queensland’s Constitutional Convention, Communique, Jun-1999
Carden, P. The Copernican model and the states, in Copernican Gazette, 2006
Queensland Legislative Assembly Hansard, Appointment of Governor Bryce, 11-Mar-2003, p369-384 (includes detailed information and debate on the appointment process)
McGarvie, M. Democracy: choosing Australia’s republic, 1999, p241-260
Lavarch, M. State Constitutions in a Republican Australia, 18-May-1995
