A VERY PUBLIC AFFAIR - INTRODUCTION

This book was first published in 2009 and relates to speeches and articles written over the preceding eight years. The title itself, ‘A Very Public Affair’ may seem to many to be perhaps more suggestive of a quixotic film script than a title for a series of writings on the Australian Constitution and Crown.

Unlike the somewhat romantic Declaration of Independence of the United States of America, the origins of the Australian Constitution lie not in the dreams of revolution, but in the ordinary and often boring debates of ordinary and often mundane individuals. However, the evolution of Australia’s constitution is unique in that it was not imposed from on high, but actually resulted from a series of public gatherings and referendums of the people and, furthermore can only properly be amended by popular vote.

It is Section 128, generally referred to as ‘the referendum clause’ that makes the Australian Constitution different from all others within the Westminster ambit. Those of most countries can be decided by their Parliament, or in the case of Canada and Malaysia, Parliaments, but this section stipulates that the Australian Constitution can only be amended by a vote of the people counted dually with a national vote plus a vote in each of the six States.

It is interesting to note that, in its 113 years of existence, only eight out of forty four proposed amendments to the Australian Constitution have been passed by the people (see endnote 795), whereas the 52 year old Malaysian Constitution has already been amended by its Parliaments on some 650 occasions!

This book comprises a series of speeches delivered and papers written on issues relating to the Australian Constitution, the development of the Westminster System and what I see as problems created by the European Union to the supremacy of the Crown. It is not meant to be just collections of talks and Papers, but more as a sort of text book that can help people to arrive at a greater understanding of our system of democracy under the Crown. As well as facsimiles of constitutional documents relevant to Australia, extensive references have been incorporated into the endnotes to enable readers to prepare their own factual articles, talks and arguments in defence of our Constitution.

My thanks are due to a former Attorney-General of the Commonwealth of Australia, the Hon. Robert McClelland MP for his advice on reproducing constitutional documents.

It is now over ten years since my earlier book ‘In Defence of Australia’s Constitutional Monarchy’ was published and nearly fifteen years since the ‘Republic Referendum’ of 1999.

During the years of the Howard pro-Monarchy Government the issue of constitutional change was never to the fore, although there were always, what may be termed ‘housekeeping’ matters to deal with, which included educational programmes and membership activities, opposition to media ploys to push a republic and lobbying campaigns against companies ridiculing the Queen as a means of promoting their products. In all of these activities, we have enjoyed a remarkable success.

However, Labor’s victory at the October 2007 general election and Julia Gillard’s successfully negotiated alliance with the Greens and Independents to snatch government in 2010 has meant that a republic came back onto the agenda. The Australian Labor Party has, as a part of its policy platform “reform of the Australian Constitution and other political institutions to ensure that they reflect the will of the majority of Australian citizens and the existence of Australia as an independent republic.”

In April 2008, when in London, the Prime Minister, Kevin Rudd told the BBC: “Our position as a party is clear - we are committed to an Australian republic. I am a republican and that is what we will work towards over time, but it is not a top order priority just now,"

In August 2010, in Townsville, Julia Gillard, who had seized the prime ministership from Kevin Rudd a few weeks earlier, announced declared herself to be committed republican: "I obviously am a republican and I believe the nation should be a republic…I think the appropriate time for the nation to move to being a republic is when we see the monarch change,"

The Queen is respected, indeed, almost venerated by the majority of Australians, whatever their ethnic background, their age or their political inclinations as was shown by the huge and enthusiastic crowds which gathered to greet Her Majesty during her October 2011 Tour of Australia.

Furthermore, the visits of Prince William of Wales in 2010 and 2011 and his marriage to Miss Kate Middleton in April 2011, and now the birth of their son, Prince George, has generated a fervent support for the monarchy amongst younger generations.

This support will become very evident as the Royal couple, created Duke and Duchess of Cambridge upon their marriage, together with their son, visit Australia in April 2014.

The election of the Coalition headed by the pro-monarchist Tony Abbott to government in September 2013 means that any further move towards a republic is now very unlikely for some years to come.

We do, however, expect several proposals for constitutional change to be put to the people during the term of this government, particularly with regard to recognition of Aboriginals as ‘First Nation’ and possibly another attempt at constitutional approval to enable the Federal government to directly fund Local councils.

Even in the few months since the election of the Abbott pro-monarchist government, there have been calls by former Labor prime ministers for a republic supported by a bevy of republican journalists. These people conduct frequent ‘sorties’ so as to keep their issue alive amongst a general public that, itself, actually has little interest in their republic.

All methods of government, whether it be the republican form in the USA or the monarchical form in Australia, have their groups of defenders, each with differing interpretations.

It is thus that some monarchists in Australia say that we are already a republic, but one under a crown, and that the Governor-General is legal and ultimate head of state. Others, such as myself, hold the view that a constitutional monarchy is a far different system than any sort of republic, but that if we are to use the term it is that the Governor-General, following appointment by the Queen, then assumes the position of effective, or officiating, head of state.

My own opinions have been formulated as a result of much research and evaluation. I believe that they are right but I am always open to being corrected. Indeed, I believe that life itself is journey of discovery and that our views are in a constant state of maturing. As a consequence, readers of my first book may therefore find that my position on some interpretations of our system of governance has been modified.

I would, however, emphasise that I am not in any way an expert on the Constitution, but am rather an ordinary person expressing views that I believe to be akin to those of other ordinary Australians, as opposed to those eminent academics and learned lawyers, who pontificate from their lofty ‘ivory’ towers in a manner which can often be quite removed from the mundane issues that prioritise the lives of the rest of us. Change to a republic is far from being an important issue.

In fact it appears as though the debate on a republic has, in recent years, been carried on, not by the people, but by academics and politicians as is evidenced by the fact that, out of the fourteen people called to give evidence in April 2009 to the Senate Inquiry on the Plebiscite Bill, five were professors and of the Senators present, only one was not a republican.

The Australian Monarchist League itself can be said to be representative of what Australia is all about. We have few wealthy members. Most are ordinary, but very patriotic, Australians who wish only the best for their country. Our organisation does not stand for the aristocracy, the moneyed elite or the privileged, but for the liberty of the Australian people as a whole which we believe is best protected by the Australian Constitution and Crown.

Philip Benwell MBE
March 2014