Australia's Future: A Republic? Law Teacher's View

The question of whether Australia should become a republic is a complex and multifaceted issue. On the one hand, proponents of a republic argue that it would allow Australia to assert its unique national identity, separate from the United Kingdom, and better reflect the diversity and values of its multicultural population. Additionally, adopting a republican model would strengthen democratic principles by allowing Australians to directly or indirectly elect their head of state, making them accountable to the people. Furthermore, it would necessitate a review and modernisation of the Australian constitution, creating a more transparent and accessible legal framework. However, opponents of a republic raise valid concerns about the potential destabilising effect on the country's long-standing stable political structure, the financial costs of transitioning, and the lack of consensus on an appropriate model for an Australian republic. With a majority of Australians currently favouring the retention of the monarchy, the path towards a republic is not without challenges.

The economic benefits of Australia becoming a republic

There are several economic benefits to Australia becoming a republic. Firstly, removing the monarchy would bring benefits to the economy and international trade. As international trade competition increases, Australia's positioning as a nation becomes more important. Currently, Queen Elizabeth II represents Britain and not Australian interests when travelling overseas. This means that Australia's foreign policy interests are not adequately represented by the monarch.

Secondly, the cost of appointing a Governor-General is much cheaper than the cost of electing a President. The lowest cost for each election of a President is estimated at $45 million, while the cost of appointing a Governor-General is significantly lower. Additionally, a referendum on becoming a republic would also be an expensive exercise, costing well in excess of $50 million.

Thirdly, Australia's system of constitutional monarchy provides stability and protects against political favoritisms. This stability has helped Australia remain a democratic beacon to the world and is an important factor in attracting foreign investment and economic growth.

Finally, becoming a republic would also have economic implications for Australia's participation in the Commonwealth Games, dual citizenship and visa options, reciprocal health care, driving licences, and free healthcare options. These changes could impact the cost of living and doing business in Australia, as well as the country's economic ties with other Commonwealth nations.

In conclusion, while there are some economic benefits to Australia becoming a republic, there are also potential costs and implications that need to be carefully considered.

The Australian flag and national anthem

The Australian Flag

The Australian flag features the Union Jack in the canton, reflecting the country's historical ties to the United Kingdom. In the wake of the failed 1999 referendum on becoming a republic, there was a desire among some Australians to maintain the flag as a symbol of their connection to the monarchy. However, for those advocating for a republic, the flag is seen as a reminder of Australia's colonial past and a potential barrier to the country's evolution as an independent, multicultural nation.

The Australian National Anthem

Australia's national anthem, "Advance Australia Fair," has also undergone changes to reflect the country's evolving identity. In 1984, the original first line, "Australia's sons, let us rejoice," was changed to "Australians all, let us rejoice" to be more gender-inclusive. More recently, in 2021, the lyric "young and free" was changed to "one and free" to acknowledge the country's long Indigenous history, which spans over 65,000 years. This change was supported by political leaders across the spectrum, including Prime Minister Scott Morrison, as well as Indigenous advocates and leaders.

The alteration of the anthem reflects a broader conversation about Australia's relationship with its Indigenous citizens and the desire to move beyond symbolic gestures towards substantive policy changes that address the issues facing Aboriginal and Torres Strait Islander communities.

While the Australian flag and national anthem have been modified to some extent, the path towards becoming a republic remains complex and contentious, as evidenced by the ongoing debates and failed referendum attempts.

The instability of Republicanism

Republicanism is not as stable as constitutional monarchy. The constitutional framework was adopted fairly with majority votes in each of the colonies. It has also remained stable in the 93 years since the creation of the Australian nation in 1901. Constitutional monarchy has withstood two world wars and economic downturns in the 1930s and 1990s. Overall, it is clear that constitutional monarchy is better, more democratic, and more stable.

Moreover, the President, in their term of office, would protect their own interests by exercising their own power and in their own party. On the other hand, constitutional monarchies tend to be stable because political favoritisms will deprive the ultimate power.

A republic will also cost financially and emotionally. The lowest cost for each election of a President was $45 million in 1994. In addition, the estimated cost for the election of the President Cheryl Kernot is around $70 million, plus campaign subsidies to all parties in parliament. This is much more expensive when compared to the cost of appointing the Governor-General. Besides that, a republic referendum is an expensive exercise that will cost well in excess of $50 million.

Additionally, the president cannot simply assume the same roles as the Governor-General as a special relationship exists between a Governor-General and Crown. There is no guarantee that an elected President will honour the conventions of responsible government so rigidly observed by all past Governors-General.

In conclusion, Republicanism is not a stable form of government when compared to constitutional monarchy. It is more costly, emotionally draining, and prone to political favoritisms. The President may also not have the same powers as the Governor-General and could be less likely to honour responsible government.

Changes in law and the legal system

If Australia were to become a republic, the country's legal system would need to undergo modifications. A committee concluded that the following areas would require consideration:

• Laws and practices relating to royal charters and the use of 'royal' titles.
• A replacement mechanism for filling offices currently filled by commissions from the Crown, such as Defence Force officers and the police.
• Transitional and consequential provisions to replace references to the Governor-General, Crown, etc. in legislation at the Commonwealth and State levels.

The Australian Constitution, while important, is not a sacred text. It requires periodic review and amendment to ensure it remains relevant and reflective of modern Australia. The Constitution does not mention the Prime Minister, who is arguably the country's most powerful and influential person. Additionally, it does not enshrine the right to vote or human rights.

For Australia to transition to a republic, a model would be put to a vote through a referendum. This vote would be enabled by the Parliament, allowing every Australian of voting age to approve the change. For the referendum to succeed and implement the changes, it would require a 'double majority'. This means that a majority of Australians nationwide, as well as a majority of people in a majority of states, would need to vote 'yes'.

The Australian Choice Model

Under the Australian Choice Model, the Head of State would be elected by the Australian people every five years. The candidates for Head of State would be nominated by the Commonwealth, state, and territory parliaments. The Head of State would have limited powers and would serve for a maximum of two five-year terms.

Australia is currently a constitutional monarchy, with King Charles III as the Head of State. The King is not Australian and does not live in Australia. The King is at the top of the Executive, Judiciary, and Legislature branches of the Australian government. The Australian Choice Model would put an Australian in the role of Head of State, chosen by the Australian people.

Critics of the Australian Choice Model, including former Prime Minister Paul Keating, claim that a Head of State elected by the public could cause conflict with the Prime Minister and Parliament. They argue that the Governor-General's reserve powers, which allow them to act as a 'guardian of the Constitution' by supporting fundamental constitutional principles, would be diminished under the Australian Choice Model.

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