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I
am sure everyone enjoyed Federation Day. The parade
went well, the show at Centennial Park was slick and
well produced. The politicians were eloquent and not
at all longwinded. But something was missing. Or, rather,
someone. The Queen.
Yes,
Her Majesty had vanished. Throughout the whole affair
I heard no mention of the Queen. Nor was much said of
Britain. The representatives of the ethnic diversity
of Australia included people descended from the first,
indigenous Australians, Irish Catholics, Jews, Chinese,
Sri Lankans and Greeks. That's great. But no English
or Scots or Welsh. Perhaps it was a square-up. The Anglos
had the lion's share of the limelight in 1901. Or were
we trying to play down the British connection?
No-one
was more disappointed than I was in the defeat of the
republic referendum. No-one is more committed to having
an Australian head of state in place of the Queen. But
let's not try to pretend she isn't our head of state.
Let's not try to pretend that Federation was our declaration
of independence. It was not.
The
truth is that Federation of the Australian colonies
had been urged by the British Government since 1847.
In 1849, the British Government proposed the establishment
of a general assembly of the Australian colonies (a
precursor to a Federal parliament). It was vehemently
opposed by the Australian colonies, and the proposal
was dropped.
The
great triumph of the founders of Federation was not
to overcome British opposition, but rather to overcome
the petty and parochial interests of the separate colonies
which, until then, had been so obsessed with being different
one from the other that they could not even manage to
agree on a standard railway gauge. Federation was a
triumph of vision over pettiness, of national consensus
over local self-interest.
The
Commonwealth, when it came, was avowedly under the British
crown. The preamble to the Constitution Act says just
that. Sir Henry Parkes, at the first Federation conference
in 1890, said: "The crimson thread of kinship runs
through us all. Even the native-born Australians are
Britons, as much as the men born within the cities of
London and Glasgow."
The
Constitution, therefore, was not designed to create
an independent nation. That is why there is no explicitly
stated power to make treaties (as there is in the United
States Constitution.) As George Reid observed, there
was no need to provide for a power to make treaties
"in the Constitution of a colony within the Empire".
That is why the Constitution still allows the Queen
to annul Australian laws within 12 months of their enactment.
That power of disallowance was a standard feature in
colonial constitutions and was designed to enable the
British Government to overrule local legislation that
offended imperial interests.
It
was never used and today is a dead letter. But it would
not have been there if we were independent in 1901.
The
founders of our Commonwealth were British to the boot
heels. They did not seek independence. But they were
not cowed into submission by the British Government.
The Union Flag was their flag. There was no more contradiction
in being Australian and British than there was in being
Scottish and British.
Over
time all of that has changed. Australia has evolved
into a thoroughly independent nation. The objective
of the republican movement and of the referendum was
to complete the process of national development begun
at Federation and continuing right up to today. An Australian
head of state would confirm and symbolise forever the
independence we have already achieved.
We
should not allow our disappointment in not being a republic
today to cause us to ignore the fundamental facts of
our history. If you don't like a British head of state,
the answer is to change the Constitution, not to pretend
the Queen does not exist. Nor is it to deny our British
heritage.
We
were six British colonies, founded by men and women
who, for the most part, were and remained solidly British
in every respect. The development of democracy in those
colonies was encouraged, not hindered, by Britain. The
British legal system and democracy was not "given"
to us by Britain. It was brought here in the very sinews
of the British people who settled what they believed
they had made into a British country. Our Commonwealth
was founded under the British crown. The Queen is our
Queen for one reason only: she is Queen of the United
Kingdom.
Britain
did not stand in the way of greater Australian autonomy.
More often than not, it forced the pace of change. In
1931, the British Parliament passed the Statute of Westminster,
which ceded independence or at least autonomy to the
"white" dominions of Canada, Newfoundland,
South Africa, Ireland, Australia and New Zealand. Far
from embracing this, the Australian Government of the
day required that the statute provide that it did not
become effective in any dominion until it was adopted
by the Parliament of that dominion. Australia did not
do that for another 11 years.
If
we were a republic today I believe we would give greater
and fairer emphasis to the British origins of our Constitution
and our Commonwealth. We have no reason to be ashamed
of them. The most fundamental political principle the
British settlers of this country brought with them was
the right to choose their leaders. When we do choose
our own head of state we will have honoured that British
heritage. In the meantime, we must not forget it.
Neither
should we forget the greatest practical lesson Federation
has for modern republicans. The Commonwealth Constitution
was a much more complex document than a simple amendment
to establish an Australian head of state. The range
of possible alternatives was literally infinite. Yet
the Federation founders were committed to a Federation.
They met and they met and they finally agreed on a Constitution.
And then, whatever their reservations about this clause
or that clause, they got out on the hustings and campaigned
for a "yes" vote.
For
us to be a republic we need first to agree we want an
Australian head of state. Then we need to agree on one
republican model. If republicans keep on allowing their
own conceptions of the perfect to be the enemy of the
good, then there will be no republic and we will have
learnt nothing from our history.
Malcolm
Turnbull was chairman of the Australian Republican Movement
from 1993 to 2000 and remains a member of its national
committee.
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