Webdiary - Independent, Ethical, Accountable and Transparent
header_02 home about login header_06
header_07
search_bar_left
date_box_left
date_box_right.jpg
search_bar_right
sidebar-top content-top

Is this just an accident or has someone been reading the Constitution?

Is this just an accident or has someone been reading the Constitution?
by Malcolm B Duncan

This has just been posted on the ABC’s Online Just In section:

G-G in France for 90th armistice anniversary

Now, while there is no full report, I wonder if this presages a change. The solemn commemorations of the battles of the Western Front and the Armistice are actually being conducted, not by a politician, but by our Head of State and Commander-in-Chief (Commonwealth of Australia Constitution Act 1900 s 68). Not a word about the Prime Minister.

Now, I suppose it is possible that he is overseas somewhere else playing politics (which is his proper role), but can anyone imagine Hawke, Keating or Howard staying out of the limelight and leaving the job to the person who should be performing it? Bet she looks cute in the uniform too. Perhaps it is just that Ruddy knows there’s a Queenslander on the job so it will be all right.

On the other hand, it might presage a welcome change in the Australian polity. Ever since the Kerr incident, the presence of the Governor-General has been played down but it is a vital role in our Constitutional framework. While it does not happen often, and off the top of my head, I cannot remember the last time it did, there are two specific powers that the Constitution reserves to the Monarch or her representative: s 58 which allows the Governor-General a discretion not to assent to a Bill passed by both Houses, or to refer it to the Monarch, or to return it with suggested amendments; and s 59 which allows the Monarch to disallow any law within one year of the Governor-General’s assent. The effect of the latter is to annul the law from the day disallowance is proclaimed.

It is extremely unlikely that a constitutional monarch like our present Sovereign would exercise the power under s 59 and it is unlikely that the Governor-General would act otherwise than in accordance with the advice of the Executive Council, but the power is still there.

It is a form of check and balance modified from the form adopted by the Continental Congress in North America but it is significantly different because the ultimate check (either the Monarch or her representative) is not elected.

Perhaps we may see a return to a more orthodox interpretation of the Constitution by our politicians, perhaps not.

The question this poses is: should we?

left
right
spacer

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

King Log or King Stork?

The question this poses is: should we? 

I don't think it's that hard and I left school at sixteen.

I think you'll find a majority preference for a republic anyway Malcolm, but to your question, I think the days of Game and Kerr are well and truly over which leaves us in a position I find admirable: a "Claytons" head of state.

If Rudd is setting a trend here, (and I'm not so sure about that; there was a G20 meeting to attend and the circumstances are dire) then it's a welcome change from the undignified posing to which we have been subjected for two or more decades.

There you have it, I'm an unabashed Monarchist.

Strange how the Roman slave has gone out of fashion after two thousand years; apparently we have no need any more for wisdom.

Another diversion, Malcolm?

Speaking for myself, you have no need to demonstrate your education or ability to analyse world affairs, past or present.

As an ordinary Australian who has the unheard of availability to have a say in the scheme of things, I find your posts far above my ability or my interest.

I believe that communication is the basis of all relationships - whether international or personal.

I taught my sons, even when I was in my twenties, that if you want to communicate with someone, by word, written or otherwise, the obligation is upon you to make sure they hear and understand what message your have intended to impart.

That means to me, Malcolm, that IF you want to genuinely communicate with me, or people of my ilk, you should step down from your ivory tower as an  exhibitionist and consider those who you really want to impress.

Or do you believe like your namesake that your statement is sacrosanct?

NE OUBLIE.

Open your other eye, Ern

 Oh come on Ern, lighten up mate. I think Malcolm is more fun than a barrel of monkeys!

Ern: "Or do you believe like your namesake that your statement is sacrosanct?

Utter twaddle, old mate!

The art of communication

Good on you Ernest. I thought it was just me failing to understand the thoughts of Malcolm.

The art of a good communicator is to be understood by all. I think the universities and elitism have a lot to answer for.

Let's try words of one syllable then

GG does good job in role in France. PM lets her. What next? Will she do the whole job?

Do we want her to?

Clear now lads?

Christ save me - not hard the first time.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
© 2005-2011, Webdiary Pty Ltd
Disclaimer: This site is home to many debates, and the views expressed on this site are not necessarily those of the site editors.
Contributors submit comments on their own responsibility: if you believe that a comment is incorrect or offensive in any way,
please submit a comment to that effect and we will make corrections or deletions as necessary.
Margo Kingston Photo © Elaine Campaner

Recent Comments

David Roffey: {whimper} in Not with a bang ... 12 weeks 6 days ago
Jenny Hume: So long mate in Not with a bang ... 13 weeks 7 hours ago
Fiona Reynolds: Reds (under beds?) in Not with a bang ... 13 weeks 2 days ago
Justin Obodie: Why not, with a bang? in Not with a bang ... 13 weeks 2 days ago
Fiona Reynolds: Dear Albatross in Not with a bang ... 13 weeks 2 days ago
Michael Talbot-Wilson: Good luck in Not with a bang ... 13 weeks 2 days ago
Fiona Reynolds: Goodnight and good luck in Not with a bang ... 13 weeks 3 days ago
Margo Kingston: bye, babe in Not with a bang ... 14 weeks 7 hours ago