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Abstract:
One of the frustrating aspects of the republic debate
is that far too much time is spent discussing the method
of electing or appointing the president, and far too
little time spent considering what that president should
do. Any direct election model offers real challenges
and indeed contradictions.
REPUBLICANS
are now starting to think critically about how a republic
could be established. Some would argue that the 1999
model should be retained, with some refinements, and
once there is broader political and community support,
it can be carried. Others contend that only a directly
elected presidential model will carry the day.
Without
wanting to advocate any model over another, I have prepared
a number of alternative models, which have formed the
basis of a discussion paper being considered by the
Australian Republican Movement. Those models will include
several involving direct election. The paper also includes
a slightly refined version of the 1999 model, with a
president appointed by two-thirds of parliament, as
well as an ultra-minimalist model, with a president
appointed by the prime minister.
One
of the frustrating aspects of the republic debate is
that far too much time is spent discussing the method
of electing or appointing the president, and far too
little time spent considering what that president should
do. If we define the president as being someone who
is to be non-political and impartial, then logic suggests
the mode of appointment be calculated to deliver someone
with those qualities. That is why the 1999 model required
the support of government and Opposition to any appointment.
It guaranteed bipartisanship.
Any
direct election model offers real challenges and indeed
contradictions. How do you reconcile a competitive political
election process with a non-political office? Direct
election supporters have said that the powers of the
governor-general, which are considerable, could be altered
to prevent an elected president trying to challenge
the PM. It is possible to codify and largely eliminate
the discretionary powers of the governor-general and
render the president an almost entirely ceremonial figure.
The drafting exercise is not too difficult, and a good
example is found in the 1993 Republic Advisory Committee
report. But getting consensus on what the code should
say is a tall order indeed.
Even
if the president is rendered ceremonial only, an elected
president will still have enormous popular moral authority.
His "bully pulpit" will be immensely greater
than that of the governor-general, who can be hired
and fired by the PM. An elected president will therefore
combine enormous prestige and authority on the one hand,
with no political responsibility on the other. An elected
president could lecture the government of the day endlessly
on the deficiencies of schools, hospitals and social
welfare without having the responsibility of raising
taxes to pay for them. This could become particularly
difficult if the elected president were a political
opponent of the PM.
So
is it possible to combine the democratic appeal of electing
the president and still get an impartial, non-political
person such as William Deane or Zelman Cowen? Some people
have suggested that perhaps there should be a filtering
process, with an electoral college to determine who
would be acceptable candidates. This has been put to
me as a means of ensuring Kylie Minogue was not a presidential
candidate. But if Kylie can run for parliament, why
should she not be able to run for president? And who
is to sit on this electoral college? If it is elected,
then won't it be just as politicised as parliament?
It is one thing to require a large number of nominators
in order to discourage frivolous candidates, but how
do you reconcile the principle of a popular vote without
an open right to nominate?
I
am afraid I see little merit in filtering candidates
for a presidential election. It seems to me that if
we are to have an election for president then, subject
to securing the agreed number of nominations, any Australian
should be able to stand.
We
have to recognise that an elected presidency will mean
that an office that has hitherto been almost invariably
non-political will become politicised. We also have
to recognise that presidential candidates will be supported
by political parties, that they may engage in contentious
political debate and that they will, even if unintentionally,
constitute a source of rival authority to the government
of the day.
Of
course much will depend on how particular incumbents
conduct themselves. It would also be possible to require
the elected president to commit, in an inauguration
oath, to act in an impartial fashion favouring neither
one side of politics nor the other. A little corny perhaps,
and certainly unenforceable, but it should encourage
the right kind of approach to the office. Whether all
this is a good or bad thing, or whether it is a price
worth paying to have a republic is a question we will
have to consider.
I
have no doubt that choosing a president via direct election
and a two-thirds vote of parliament are equally democratic
processes. Our system, after all, is based on representative
government. We trust our elected representatives to
make our laws. Our PM is chosen, in effect, by the House
of Representatives. The US president is elected, in
effect, by the people. Yet both countries are equally
democratic.
Would
such a system work? Of course it would work. The question
is whether it is the best republican alternative and,
most important, whether it will be better constitutionally
than the status quo. At this time it is not my task,
or that of the ARM, to advocate one model over another.
But we should all be alert to the fact that each republican
model carries with it different consequences, not all
of which may be to our liking.
Malcolm
Turnbull is a former chairman of the Australian Republican
Movement.
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