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Title: The


1
R
  • The
  • Constitutional Council Model
  • for an
  • Australian Republic

2
R
  • The Constitutional Council Model

There are two forms of the Constitutional Council
model, referred to as Option A and Option
B Direct Popular Election of the President,
where the people directly elect a Constitutional
Council and the Constitutional Councillor
achieving the highest vote becomes
President. Indirect Popular Election of the
President, where the people directly elect a
Constitutional Council and the Constitutional
Council chooses one of its number to be
President.
Option A
Option B
3
R
Option A
Direct Popular Election of the President People
elect a Constitutional Council. Constitutional
Councillor with highest popular vote becomes
President
4
R
People elect CC, highest vote decides President
Option A
The People nominate candidates for
President/Constitutional Council and elect 5
full voting members
Constitutional Council 5 full members 4
associate non-voting members (past Pres, past
VP, Speaker, past Speaker)
President Head of State. Exercises ceremonial
and other powers of theGovernor-General, but
does not exercise the reserve powers. Constitution
al Councillor achieving highest popular
vote becomes President, next highest becomes Vice
President
Speaker Nominated by PM, Opposition Leader or
other MPs. Constitutional Council elects Speaker
from the list ofnominees. Presides over House of
Representatives andexercises the reserve powers
5
R
People elect CC, highest vote decides President
Option A
Style of Presidency Non- executive
Presidential Powers Largely ceremonial. (Speake
r exercises reserve powers, partially
codified) Appointment of the President Constituti
onal Council directly elected by People. Constl
Councillor achieving highest popular vote becomes
President. (Constl Council chooses
Speaker) Eligibility Australian Citizen, not an
MP or member of a political party. (Applies to
Constl Councillors, President and Speaker)
Nomination Nominated by People. Requires
1000 nominators. (Speaker nominated by PM,
Opposition Leader or other MPs.) Removal of the
President 2/3 resolution of both Houses.
(Speaker removed by Constl Council following 2/3
resolution of House of Reps) Term Six years.
(Speaker 5 years) Casual Vacancy
Vice-President. (Speaker Deputy Speaker)
6
R
People elect CC, highest vote decides President
Option A
  • PLUSES (cont.)
  • Conduct of the House of Representatives improves
    under neutral, non-partisan Speaker and public
    respect for MPs increases.
  • PM loses the power he now enjoys to sack the
    Governor-General.
  • Though the President might claim a mandate his
    constitutional powers cant threaten a PM.
  • MINUSES
  • Politicians may object to losing control of the
    Speaker.
  • Constitutional Council and President might be
    too political (though this will have been the
    choice of the people)
  • PLUSES
  • Members of public can nominate.
  • Direct popular vote for the Constitutional
    Council and for the President.
  • The President as Head of State, like the Queen,
    does not exercise the reserve powers.
  • A neutral, non-partisan official (the Speaker),
    like the Governor-General, exercises the reserve
    powers.
  • Codification of Presidents powers is not
    required.
  • Best chance of obtaining a neutral, non-partisan
    Speaker of similar high calibre to
    Governors-General.

7
R
Option B
Indirect Popular Election of the
President People elect a Constitutional
Council. Constitutional Council chooses one of
its number to be President
8
R
  • People elect CC, CC chooses President

Option B
The People nominate candidates for
President/Constitutional Council and elect 5
full voting members
Constitutional Council 5 full members 4
associate non-voting members (past Pres, past
VP, Speaker, past Speaker). Chooses one
full member to be President and one to be Vice
President
President Head of State. Exercises ceremonial
and other powers of theGovernor-General, but
does not exercise the reserve powers.
Speaker Nominated by PM, Opposition Leader or
other MPs. Constitutional Council elects Speaker
from the list ofnominees. Presides over House of
Representatives andexercises the reserve powers
9
R
People elect CC, CC chooses President
Option B
Style of Presidency Non- executive
Presidential Powers Largely ceremonial. (Speake
r exercises reserve powers, partially
codified) Appointment of the President Constituti
onal Council directly elected by People. Constl
Council chooses a member to be President. (Constl
Council chooses Speaker) Eligibility Australian
Citizen, not an MP or member of a political
party. (Applies to Constl Councillors,
President and Speaker)
Nomination Nominated by People. Requires
1000 nominators. (Speaker nominated by PM,
Opposition Leader or other MPs.) Removal of the
President 2/3 resolution of both Houses.
(Speaker removed by Constl Council following 2/3
resolution of House of Reps) Term Six years.
(Speaker 5 years) Casual Vacancy
Vice-President. (Speaker Deputy Speaker)
10
R
People elect CC, CC chooses President
Option B
  • PLUSES (cont.)
  • Conduct of the House of Representatives improves
    under neutral, non-partisan Speaker and public
    respect for MPs increases.
  • PM loses the power he now enjoys to sack the
    Governor-General.
  • Though the President might claim a mandate his
    constitutional powers cant threaten a PM.
  • MINUSES
  • Politicians may object to losing control of the
    Speaker.
  • Constitutional Council and President might be
    too political (though this will have been the
    choice of the people)
  • PLUSES
  • Members of public can nominate.
  • Direct popular vote for the Constitutional
    Council, indirect popular vote for the President.
  • The President as Head of State, like the Queen,
    does not exercise the reserve powers.
  • A neutral, non-partisan official (the Speaker),
    like the Governor-General, exercises the reserve
    powers.
  • Codification of Presidents powers is not
    required.
  • Best chance of obtaining a neutral, non-partisan
    Speaker of similar high calibre to
    Governors-General.

11
  • The
  • Constitutional Council Model
  • for an
  • Australian Republic
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