Model 4 - People elect the President

Comments
Model 4 represents a significant departure from the status quo. In Model 1 we had a President appointed and removed by the Prime Minister with precisely the same powers as the Governor General. In Model 2 we had a President with the same powers as the Governor General but who was appointed in a bi-partisan and consultative process that ensured the President would be, at the very least, somebody with the support of both sides of politics. The President's removal can be effected by the government of the day via a resolution of the House of Representatives, but it is a public process in the course of which the Prime Minister would be under a very heavy obligation to justify such action. Model 3 provides for a President who is chosen by a specially elected Presidential Assembly.

In Model 4, we have a President who is directly elected by the people.The President cannot be removed by the Prime Minister (as in Model 1) or by a simple vote of the House of Representatives (as in Model 2). The President will not only be the sole federal public official who is directly elected but because both Houses of Parliament will have to vote to remove him, on the ground of misbehaviour, it makes the President as secure in his or her office as a High Court justice.

The Prime Minister is elected as a member of parliament by his local constituency, but his appointment to the office of Prime Minister is, in effect made, by the majority vote of the party which has a majority in the House of Representatives.

What difference will electing the President make to the office? It is possible to state some inevitable, and non-contentious, consequences.

The Presidential election will be a partisan process in which the political parties will participate. Accordingly there will be a presidential candidate endorsed by Labor and another endorsed by the Liberals. No doubt there will be other candidates.

By creating what is going to be a partisan, electoral process it is also inevitable that the candidates will be more likely to be political animals. This does not mean that they will be all current or former politicians: there are plenty of examples of generals and academics turned successful political candidate. Overseas experience, however, suggests that where non-executive presidents are elected, they will more likely be former members of parliament than not.

The elected President, whatever his constitutional powers may be, will by reason of his election have a much more prominent stage from which to address the nation… and its politicians. Some people would see this as a real plus. Others would say it confers power and authority without responsibility.

At present the convention is that the Governor General treads gently on controversial issues; a convention underpinned by the Prime Minister's right to hire and fire. An elected President would have no such inhibition. Good or bad? The Irish Constitution restricts the powers of their elected president very tightly indeed; so much so that every presidential speech must first be cleared through the Prime Minister's office. Would we choose to go that far?

Eligibility
Every Australian citizen qualified to be a member of the Commonwealth Parliament.

Nomination
A nominee must have no less than 3000 nominators, of which at least one hundred must be from each State.

Election
The people of Australia voting directly by secret ballot with preferential voting by means of a single transferable vote.

Tenure
Five year term of office.

Removal
Same as for federal judges. The President may be removed from office by a resolution of both Houses of the Parliament in the same session on the ground of proved misbehaviour or incapacity.

Casual Vacancy
A casual vacancy in the office of Head of State shall be filled by the most senior state governor who shall hold office until elections can be held for a new Head of State.

Non-Reserve Powers
The existing practice that non-reserve powers should be exercised only in accordance with the advice of the Government shall be stated in the Constitution. A Presidential Oath shall emphasise the President's duty to act impartially and without favour to any political interest.

Reserve Powers
Existing reserve powers shall be codified as generally provided in the Republic Advisory Committee's 1993 report where the Head of State retains appropriate discretion.

	Pluses This is the most openly democratic method of appointing the president, a symbol of the people's sovereignty.

Minuses Many worthy people would not be prepared to stand against each other in the hurly-burly of a general election. Any popularly elected president would enjoy great prestige and be able to claim a powerful personal mandate. This would necessitate the substantial constitutional reform (and political debate) involved in codifying the President's powers. With such codification, critics might ask: why go to the trouble of electing someone to such a powerless office? Candidates for the office would inevitably be tempted to campaign on the issues of the day, impinging on the president's status as a politically disinterested figure.