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When
an army is repulsed with bloody losses, it has two choices.
It can run away or try again. If it tries again, it
had better pray that it understands the lesson of the
previous disaster.
So
should republicans. Their grim challenge today is to
understand the real reasons why last year's referendum
was lost, and plan accordingly.
The
problem is that every republican has their own pet theory
why the referendum failed and, surprise, those theories
happen to vindicate the position of their author.
So
what is needed now is not hype or spin. There must be
a brutally dispassionate analysis of why one of the
world's great independent democracies voted against
the notion of having its own head of state.
In
reality, this is not a particularly complex post-mortem,
and the daggers in the corpse of the republic are fairly
clearly labelled.
First
and foremost, in Australia only bipartisan referendums
succeed. The 1999 referendum was passionately opposed
by the better part of Australia's conservative forces.
Fade to black.
Second,
referendums that are not supported by prime ministers
have nasty accidents such as ballot questions
being framed in a way that puts the matter at hand in
the worst possible light.
Third,
whatever their party politics, the Australian people
are constitutional conservatives. They know their system
is in no danger of collapse, and are sceptical of the
need for change. If there is any possible reason to
vote no, they will.
Worse,
the bigger the change proposed, the more nervy this
dubious electorate will be. Even with the unadventurous
model of 1999, every one of its 67 alterations was another
reason to kill it.
Finally,
republican politics is dirty politics. We now know that
at any referendum, there is no argument too spurious,
no tactic too disreputable that opponents of a republic
will not use them. We also know that they are hideously
effective.
What
these republican realities clearly reveal is the identity
of the only sort of republic that conceivably might
succeed at some future referendum. The Realistic Republic
will be bipartisan, have the support of the PM of the
day, and be simple, safe and as little open to misrepresentation
as possible.
Critically,
despite the post-referendum crowing of Phil Cleary and
Ted Mack, it is almost inconceivable that the Realistic
Republic will be wearing the colours of direct election.
This is because any direct election republic must run
foul of almost all the hard-earned lessons of 1999,
but most of all will breach the requirement for bipartisan
support.
The
vital element of republican bipartisanship is conservative
backing. Given that Labor is intrinsically republican,
the real challenge for any republican model always will
be to garner the substantial conservative support required
for referendum victory.
But
the grim reality is that conservatives will never support
direct election in any numbers. It simply is too radical.
This is something that more venturesome republicans
find hard to accept. They are convinced that if only
they "explain it properly", the conservative
republicans will come around. They will not.
What
this means is that a direct election poll would be the
referendum from hell. It would be opposed not only by
Kerry Jones and her monarchist glee club, as well as
outright constitutional conservatives such as John Howard
and Nick Minchin, but by the full array of constitutionally
conservative republicans.
This
category obviously would include the Costellos, McGarvies
(and Cravens) of the world. But numerous senior members
of the Australian Republican Movement and the Australian
Labor Party such as Janet Holmes a Court and
NSW Premier Bob Carr also have expressed their
profound disdain for direct election.
This
formidable force could exact a terrible price for any
direct-election republic to conform to other republican
realities. Most notably, even the most limited form
of direct election must involve a degree of change to
the Constitution that would make 1999 look like the
removal of a misplaced comma. Every change, every implication,
every half-foreseen consequence would be a thorn in
the heart of direct election.
So
if direct election is a box canyon, in which direction
should the republican movement go? This is a difficult
question to answer, but the starting point must be adherence
to the rules of republican reality. We need a proposal
that is simple, safe and, above all, capable of attracting
bipartisan support.
Paradoxically,
that probably leads us back to the convention model
that lost last year. Loser that it was, it is hard to
see a model that comes closer to meeting the criteria
for success. What we need to do is look at that model
closely, with a view to improving its saleability. Can
the appointment process include a more popular element?
Can the mechanism for the dismissal of the head of state
be improved?
Remember,
the model managed about 45 per cent in the face of concerted
prime ministerial opposition. But PMs, like seasons,
pass. What would it or some variant achieve with the
determined support of the leaders of both political
parties, a scenario that is perfectly conceivable in
the mid-term future? Unlike direct election, it might
well win.
Greg
Craven is dean of law at the University of Notre Dame
and a member of Conservatives for an Australian Head
of State. This article is based on his speech to a seminar
organised by the Australian Association of Constitutional
Law on Planning for a New Republic and Notre Dame University.
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