Constitutional Convention (Australia)
Encyclopedia
In Australian history, the term Constitutional Convention refers to four distinct gatherings.
in March 1891 to consider a draft Constitution for the proposed federation
of the British colonies in Australia
and New Zealand
. There were 46 delegates at the Convention, chosen by the seven colonial parliaments. Among the delegates was Sir Henry Parkes
, known as the "Father of Federation". The Convention approved a draft largely written by Sir Samuel Griffith
, but the colonial parliaments failed to act to ratify it.
in March 1897, secondly in Sydney in August, and thirdly in Melbourne
in the sweltering heat of January 1898. The intervals between the sessions were used for intense debate in the colonial parliaments and for public discussion of the draft Constitution.
Since 1891 New Zealand had lost interest in federating with the Australian colonies, and was not represented. In Queensland
, the parliament had not passed the necessary legislation, so the northern colony was also unrepresented. In the other five colonies ten delegates from each colony were elected by the people, although Western Australia
n attendance was sporadic. At Melbourne the Convention finally produced a draft Constitution which was eventually approved by the people at referendums in the colonies. [Need more info! When and references please]
government in 1973 to consider possible amendments to the Constitution which could be put to the people for approval at a referendum. The Convention, which was not elected but consisted of delegates chosen by the federal and state Parliaments, met through 1973-75 but was mired in the partisan atmosphere of the Whitlam years and achieved nothing.
in February 1998. The Convention was convened by Prime Minister John Howard
to fulfill a promise made by his predecessor as Liberal
leader, Alexander Downer
. During the Convention, Prime Minister John Howard dedicated an area of parkland to the south-east of Old Parliament House as Constitution Place, Canberra
.
The Convention consisted of 152 delegates, of whom half were elected by the people and half were appointed by the federal government. This latter group included senior federal, state and territory politicians appointed by virtue of their positions.
The Convention was divided into four philosophical groups: those wanting to retain Australia's existing constitutional monarchy
, those wanting Australia to become a republic with a head of state chosen by the Parliament ("indirect electionists"), those wanting Australia to become a republic with a president elected by the people ("direct electionists"), and those having no fixed position or seeking a compromise between the other groups. Republicans dominated both groups but proved far from united in their views.
At the opening of the Convention, Prime Minister John Howard stated:
73 delegates voted in favour of the Bi-partisan appointment model
, 57 against and 22 abstained. Not one constitutional monarchist delegate voted in favour. The policy of ACM and other monarchist groups was to oppose all republican models, including the minimalist McGarvie model. Some conservatives argued this would be the easiest model to defeat in a referendum and therefore should be supported at the Convention. Had the monarchists followed this advice the McGarvie model would have prevailed at the Convention. In response, John Howard stated to the Convention:
A number of republicans who supported direct election abstained from the vote (such as Ted Mack
, Phil Cleary
, Clem Jones
and Andrew Gunter), thereby allowing the bi-partisan model to succeed. They reasoned that the model would be defeated at a referendum, and a second referendum called with direct election as the model.
1891 convention
The 1891 Constitutional Convention was held in SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
in March 1891 to consider a draft Constitution for the proposed federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
of the British colonies in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. There were 46 delegates at the Convention, chosen by the seven colonial parliaments. Among the delegates was Sir Henry Parkes
Henry Parkes
Sir Henry Parkes, GCMG was an Australian statesman, the "Father of Federation." As the earliest advocate of a Federal Council of the colonies of Australia, a precursor to the Federation of Australia, he was the most prominent of the Australian Founding Fathers.Parkes was described during his...
, known as the "Father of Federation". The Convention approved a draft largely written by Sir Samuel Griffith
Samuel Griffith
Sir Samuel Walker Griffith GCMG QC, was an Australian politician, Premier of Queensland, Chief Justice of the High Court of Australia and a principal author of the Constitution of Australia.-Early life:...
, but the colonial parliaments failed to act to ratify it.
1897 - 1898 convention
The 1897 - 1898 Constitutional Convention was held in stages in 1897-98. Unlike the first Convention, the delegates were elected by popular vote. It met first in AdelaideAdelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
in March 1897, secondly in Sydney in August, and thirdly in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in the sweltering heat of January 1898. The intervals between the sessions were used for intense debate in the colonial parliaments and for public discussion of the draft Constitution.
Since 1891 New Zealand had lost interest in federating with the Australian colonies, and was not represented. In Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, the parliament had not passed the necessary legislation, so the northern colony was also unrepresented. In the other five colonies ten delegates from each colony were elected by the people, although Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
n attendance was sporadic. At Melbourne the Convention finally produced a draft Constitution which was eventually approved by the people at referendums in the colonies. [Need more info! When and references please]
1973 convention
The 1973 Constitutional Convention was established by the WhitlamGough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
government in 1973 to consider possible amendments to the Constitution which could be put to the people for approval at a referendum. The Convention, which was not elected but consisted of delegates chosen by the federal and state Parliaments, met through 1973-75 but was mired in the partisan atmosphere of the Whitlam years and achieved nothing.
1998 convention
The 1998 Constitutional Convention met in CanberraCanberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
in February 1998. The Convention was convened by Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
to fulfill a promise made by his predecessor as Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
leader, Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
. During the Convention, Prime Minister John Howard dedicated an area of parkland to the south-east of Old Parliament House as Constitution Place, Canberra
Constitution Place, Canberra
Constitution Place is a park in Canberra, the capital of Australia. The area was named in February 1998 by Prime Minister of Australia John Howard during the course of the Fourth Constitutional Convention on the options for an Australian republic...
.
The Convention consisted of 152 delegates, of whom half were elected by the people and half were appointed by the federal government. This latter group included senior federal, state and territory politicians appointed by virtue of their positions.
The Convention was divided into four philosophical groups: those wanting to retain Australia's existing constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
, those wanting Australia to become a republic with a head of state chosen by the Parliament ("indirect electionists"), those wanting Australia to become a republic with a president elected by the people ("direct electionists"), and those having no fixed position or seeking a compromise between the other groups. Republicans dominated both groups but proved far from united in their views.
At the opening of the Convention, Prime Minister John Howard stated:
73 delegates voted in favour of the Bi-partisan appointment model
Bi-partisan appointment republican model
The Bi-partisan appointment republican model is a proposal for Australian constitutional reform. If approved at referendum, the model would have established Australia as a republic with a Head of State appointed by the Australian Federal Parliament...
, 57 against and 22 abstained. Not one constitutional monarchist delegate voted in favour. The policy of ACM and other monarchist groups was to oppose all republican models, including the minimalist McGarvie model. Some conservatives argued this would be the easiest model to defeat in a referendum and therefore should be supported at the Convention. Had the monarchists followed this advice the McGarvie model would have prevailed at the Convention. In response, John Howard stated to the Convention:
A number of republicans who supported direct election abstained from the vote (such as Ted Mack
Ted Mack (politician)
Edward Carrington Mack is an Australian politician. He is the only person ever to have been elected and re-elected as an independent to local, state and federal government in Australia, and is often referred to as the "father of the independents".-Early life:Mack was born in the Sydney suburb of...
, Phil Cleary
Phil Cleary
Philip Ronald Cleary is an Australian commentator on politics and sport, particularly Australian rules football, and a former independent politician elected at the 1992 Wills by-election.-Football playing career:...
, Clem Jones
Clem Jones
Clem Jones AO a surveyor by profession, was the longest serving Lord Mayor of the city of Brisbane, Australia, representing the Australian Labor Party from 1961 to 1975.-Public life:...
and Andrew Gunter), thereby allowing the bi-partisan model to succeed. They reasoned that the model would be defeated at a referendum, and a second referendum called with direct election as the model.
Further reading
- John A La Nauze, The Making of the Australian Constitution, Melbourne University Press 1972
See also
- History of AustraliaHistory of AustraliaThe History of Australia refers to the history of the area and people of Commonwealth of Australia and its preceding Indigenous and colonial societies. Aboriginal Australians are believed to have first arrived on the Australian mainland by boat from the Indonesian archipelago between 40,000 to...
- Australian Constitutional History
- Commonwealth of Australia Constitution Act
- Monarchy in AustraliaMonarchy in AustraliaThe Monarchy of Australia is a form of government in which a hereditary monarch is the sovereign of Australia. The monarchy is a constitutional one modelled on the Westminster style of parliamentary government, incorporating features unique to the Constitution of Australia.The present monarch is...
- Republicanism in AustraliaRepublicanism in AustraliaRepublicanism in Australia is a movement to change Australia's status as a constitutional monarchy to a republican form of government. Such sentiments have been expressed in Australia from before federation onward to the present...
- Republic Advisory CommitteeRepublic Advisory CommitteeThe Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in May 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic...
- McGarvie ModelMcGarvie ModelThe McGarvie Model is a proposition for change to the Australian Constitution to remove references to the monarchy and establish a republic. It is also known as the Australian Democracy Model....