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Question: Should Australia become a republic?



« Created by: DILLIGAF on: Mar 6th, 2007 at 10:11pm »

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Should Australia become a republic? (Read 51700 times)
NorthOfNorth
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Re: Should Australia become a republic?
Reply #195 - May 2nd, 2008 at 12:47pm
 
freediver wrote on May 2nd, 2008 at 12:19pm:
I would say that there is no one who could successfully argue that the architects of the constitution intent of the statement 'Her Majesty's heirs and successors in the sovereignty of the United Kingdom' was to refer to anyone other than the British head of state insofar as that head of state is the hereditary heir to the British (English) crown.

That's not what I'm saying. Rather, I'm saying that 'extend to' does not mean the same as 'apply exlcusively to'. They are saying that she can be the Queen. They are not saying she must be the Queen.

In addition, 'successor' opens to doors to anyone. Otherwise they would have left it at heirs.


Well that depends on what  'heirs' and 'successors' was defined to be. If 'heir' refers to the legitimate son or daughter of the reigning monarch and 'successor' to an aristocrat who is the indirect heir (a niece, nephew, cousin, 2nd cousin etc) or the heir as declared by the British Parliament who is not the most closely related as occured with George I upon the death of Queen Anne and Victoria after both George IV and William IV died without legitimate heirs.

Are you absolutely certain that the term 'extend to' constituionally speaking is not intended to mean exclusive to all other than the British head of state insofar as that head of state is the hereditary heir to the British (English) crown?



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Re: Should Australia become a republic?
Reply #196 - May 2nd, 2008 at 12:51pm
 
No.

It doesn't matter how you interpret heir. It's successor that matters, and it just means whoever replaces the monarch.

If this works, you could even have your little scheme of getting aged award recipients to fight it out in the ring for the right to award the GG role. Of course, we would still have to call it a monarchy so the republicans wouldn't be happy, but it would achieve the same thing at far less cost.
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Re: Should Australia become a republic?
Reply #197 - May 2nd, 2008 at 2:19pm
 
freediver wrote on May 2nd, 2008 at 12:51pm:
No.

It doesn't matter how you interpret heir. It's successor that matters, and it just means whoever replaces the monarch.

If this works, you could even have your little scheme of getting aged award recipients to fight it out in the ring for the right to award the GG role. Of course, we would still have to call it a monarchy so the republicans wouldn't be happy, but it would achieve the same thing at far less cost.


It matters in constituional law what terms such as 'monarch', 'heirs', 'successors' and 'extends to' were actually intended to mean. It is no good just making up new definitions to suit yours or my point of view. It's just not that easy.

Can you imagine the cost of a constitutional debate trying to wangle a hare-brained interpretation out of what have been for over a century undisputed definitions of terms?

Also you have not offered anything on how the 'monarch' would be appointed and why we would have a GG and a HOS. What would be the point of the two positions? The current point of the role of GG is to represent the foreign head of state as the Vice-Regal because the  foreign HOS cannot be present due to the fact he/she is in England. That would not be the case with an Australian HOS when he/she is required to act in that role.

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« Last Edit: May 2nd, 2008 at 5:31pm by NorthOfNorth »  

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Re: Should Australia become a republic?
Reply #198 - May 2nd, 2008 at 2:43pm
 
It matters in constituional law what terms such as 'monarch', 'heirs'

Yes but the definition of 'heirs' is irrelevant to this discussion because the term successor is broader. It's like if the constitution said the Queen must be QEII or someone else and you got hung up on whether someone else could be Queen if they weren't QEII. I am reading the plain english version of the constitution. You are reading some tradition into it that isn't actually written there.

Also you have not offered anything on how the 'monarch' would be appointed

Yes I have. I suggested we could use your scheme. I suggested Dame Edna. I suggested Cate Blanchett. I suggested myself. We could make it anything we want.
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Re: Should Australia become a republic?
Reply #199 - May 2nd, 2008 at 3:22pm
 
freediver wrote on May 2nd, 2008 at 2:43pm:
It matters in constituional law what terms such as 'monarch', 'heirs'

Also you have not offered anything on how the 'monarch' would be appointed

Yes I have. I suggested we could use your scheme. I suggested Dame Edna. I suggested Cate Blanchett. I suggested myself. We could make it anything we want.


My scheme is a suggestion of how, I agree. The others are suggestions of who not how they would be elected, which is the point.

However, my scheme does not exclude an actual amendment to the constitution nor does it entertain the possibility of having an Australian HOS and a GG representing that HOS. Mine is a parliamentary republic with a system for appointing the HOS involving eminent Australians and not Parliamentarians.

I wouldn't contemplate taking the idea to the people that we play silly buggers with the constitution, twist its terminology into linquistic knots and squeeze out of it via the square root of bullshit that 'successors' really means Cate Blanchett who will be appointed by never-you-mind and as the Australian HOS will be known as Queen Cate.

Oh... and we'll keep the GG because.... ah... well... he's doing a damn good job.

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Re: Should Australia become a republic?
Reply #200 - May 2nd, 2008 at 3:55pm
 
There is no 'interpretation' difficulties with making Cate Blanchett the Queen. If we make here Queen, she is by definition the successor to Australia's throne. The constitution deliberately leaves this wide open, probably because of the history of usurpation.

Mine is a parliamentary republic with a system for appointing the HOS involving eminent Australians and not Parliamentarians.

Didn't I already predict that the republicans would be upset about the fact that it is a monarchy, even though it is identical to a republic? If we can legislate who the HOS is, there would be no difficulty in legislating a process for selecting the HOS.
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Re: Should Australia become a republic?
Reply #201 - May 2nd, 2008 at 4:12pm
 
freediver wrote on May 2nd, 2008 at 3:55pm:
There is no 'interpretation' difficulties with making Cate Blanchett the Queen. If we make here Queen, she is by definition the successor to Australia's throne. The constitution deliberately leaves this wide open, probably because of the history of usurpation.

Mine is a parliamentary republic with a system for appointing the HOS involving eminent Australians and not Parliamentarians.

Didn't I already predict that the republicans would be upset about the fact that it is a monarchy, even though it is identical to a republic? If we can legislate who the HOS is, there would be no difficulty in legislating a process for selecting the HOS.


Come on, no serious republican is that superficial. A republic is the adjective that describes the rule of nation by the people of that nation.  What it is locally called if not a parliamentary or presidential republic is irrelevant. You can call the model a Bunyip Razoo if that's what the people wanted. Functionally it will be a republic.

I don't have a problem with any terminology. If you noticed in my previous emails, I've not used a term for the head of state. I used the acronym HOS to avoid that debate. I used the term parliamentary republic to define what in fact my version of republic would be (otherwise) known as if, say, Bunyip Razoo doesn't cut it with the people.

I would, however, not be in favour of an hereditary HOS foreign or otherwise.

Anyway, enough of this constitutional stupidity. A serious debate would always involve a constitutional change that would need to be put to the people to define the role of the HOS and define what we mean by Head of State and what authority over Parliament that role should have.
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« Last Edit: May 2nd, 2008 at 5:28pm by NorthOfNorth »  

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Re: Should Australia become a republic?
Reply #202 - May 2nd, 2008 at 4:57pm
 
Why can't you have a serious debate about a legislative change?
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Re: Should Australia become a republic?
Reply #203 - May 2nd, 2008 at 5:20pm
 
freediver wrote on May 2nd, 2008 at 3:55pm:
There is no 'interpretation' difficulties with making Cate Blanchett the Queen. If we make here Queen, she is by definition the successor to Australia's throne. The constitution deliberately leaves this wide open, probably because of the history of usurpation.

Mine is a parliamentary republic with a system for appointing the HOS involving eminent Australians and not Parliamentarians.

Didn't I already predict that the republicans would be upset about the fact that it is a monarchy, even though it is identical to a republic? If we can legislate who the HOS is, there would be no difficulty in legislating a process for selecting the HOS.


Australia doesn't have a 'throne'.  For Cate Blanchett to be Australia's Queen she would need to succeed Queen Elizabeth II.  It is the English Sovereignty where she needs to succeed - the Constitution is clear in this regard.

May I suggest you read the Constitution instead of crikey?
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Re: Should Australia become a republic?
Reply #204 - May 2nd, 2008 at 5:38pm
 
freediver wrote on May 2nd, 2008 at 4:57pm:
Why can't you have a serious debate about a legislative change?


You mean why can't you? Let's not just crap on about ridiculous interpreatations of the constitution. I have put forward what I believe is an arguable model for appointing an Australian head of state in what would in effect be an Australian republic.

Even if you could wangle wacko interpretations of the constitution through some kind of rhetorical alchemy, I believe the people would expect to be consulted as they rightly should be. So let's just get back to the fact that a referendum would be required to change the constitution to abolish the office of foreign HOS replacing it with an Australian HOS.

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Re: Should Australia become a republic?
Reply #205 - May 2nd, 2008 at 5:42pm
 
It is the English Sovereignty where she needs to succeed - the Constitution is clear in this regard.

Where does the constitution say that our parliament cannot legislate who succeeds QEII?

Let's not just crap on about ridiculous interpreatations of the constitution.

Why is the interpretation rediculous? Where does it say who the successor must be?
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Re: Should Australia become a republic?
Reply #206 - May 2nd, 2008 at 5:51pm
 
freediver wrote on May 2nd, 2008 at 5:42pm:
It is the English Sovereignty where she needs to succeed - the Constitution is clear in this regard.

Where does the constitution say that our parliament cannot legislate who succeeds QEII?

Let's not just crap on about ridiculous interpreatations of the constitution.

Why is the interpretation rediculous? Where does it say who the successor must be?


I already posted that bit.
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Re: Should Australia become a republic?
Reply #207 - May 2nd, 2008 at 5:52pm
 
Well you obviously misinterpretted it.
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Re: Should Australia become a republic?
Reply #208 - May 2nd, 2008 at 5:53pm
 
freediver wrote on May 2nd, 2008 at 5:52pm:
Well you obviously misinterpretted it.


No, I understand it perfectly.  You have been reading too much crikey and now you believe in a comic book world.
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Re: Should Australia become a republic?
Reply #209 - May 2nd, 2008 at 6:12pm
 
There is nothing in the bits you quoted that dictates who may succeed the Queen.
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