Honorary President

Senate Submission

 Overview 
 Title
 Introduction
 Framework
 Origins
 Advantages


 The Amendments 
 20 References
 Section 126
 Section 59
 Section 60
 Section 61
 Section 2
 Section 4
 The States
 All Amendments


 The Election 
 Why Elect
 Apolitical
 Electoral Law
 Timing


 Independence 
 Introduction
 The Two Roles
 Costs v Benefits
 Free Speech


 Other Issues 
 Referendum
 One Royal Link
 Honorary Vice Pres
 Spectrum of Powers
 Questions
 More Questions
 Conclusion
1

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Honorary President
 
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© 2004 David Latimer
   

DRAFT AMENDMENTS TO THE CONSITUTION

Below are all the amendments required to implement the Honorary President Republican Model. Bold and underlined phrases are chapter and section titles. They are there as a guide, and are not altered unless a comment in italics appears to the contrary.

Chapter I – The Parliament

Part I – General

1 Legislative Power

the Queen replaced with the Presidency

2 Appointment of the Governor General (replacement of section)

After a nomination, by message from the Prime Minister or, in the absence of the Prime Minister the most senior minister of the Federal Executive Council, to the Honorary President, the Honorary President may remove the current Governor General and appoint the nominated person to the office of Governor General.

3 Salary of the Governor General

There shall be payable to the Queen out replaced with  There shall be, out

4 Powers of the Governor General (replacement of section)

The Governor General shall be the representative of the Honorary President in the Parliament of the Commonwealth and may exercise in the Parliament, subject to this constitution, the powers and functions of the Presidency. During any vacancy of office, period of incapacity or absence from the Commonwealth of the Governor-General, the provisions of this constitution relating to the Governor-General shall recursively extend and apply to the longest-serving State Governor.

Part III – The House of Representatives

34 Qualification of Members (replacement of subsection)

(ii) the person must be an Australian Citizen as defined by the laws made by the Parliament

Part III – Both Houses of Parliament

44 Disqualification

the Crown twice replaced with  the Presidency

Queen's Ministers replaced with  Ministers

Queen's army or navy replaced with naval or military forces of the Commonwealth

Part IV – Powers of the Parliament

57 Disagreement between the Houses

the Queen's accent replaced with accent

58 Royal Accent to Bills section title replaced with Accent to Bills

the Queen's accent replaced with accent

in the Queen's name replaced with on behalf of the Presidency

remove or that he reserves the law for the Queen's pleasure

Chapter II – Executive Government

Part I – The Honorary President

59 Powers of the Honorary President (replacement of section)

An Honorary President, chosen by the people of the Commonwealth acting as one electorate shall hold the most senior office of the Presidency, holding all the executive powers and functions of the Commonwealth, however these powers and functions shall only be exercised:

  1. by representing the Presidency in a lawful ceremony or occasion;
  2. by appointing and removing Governors-General in accordance with this constitution;
  3. by delegating federal powers and functions to the Governor General;
  4. by declaring, by signed instrument, the validity of the Governor General's authority regarding external affairs;
  5. by appointing and removing Governors and Lieutenant Governors of a state, in accordance with the constitution of that state; and
  6. regarding a state, as directed by the constitution of that state.

Any exercise of power or function by the Honorary President, except in accordance with this section of this constitution shall have no validity and may be regarded as an improper exercise of power or function, however any improper exercise of power or function by the Honorary President shall not, in consequence, affect the validity of any exercise of a power or function by a Governor General or Governor. Furthermore, the Governor General or the Governor of a state may continue to exercise a power or function of the Presidency by precedent, until referenced by a subsequent delegation, and the Governor General shall continuously be able to exercise, on behalf of the Presidency, executive powers of the Commonwealth for the execution and maintenance of its laws and this, its constitution.

60 Election and Term of the Honorary President (replacement of section)

The Parliament shall make laws for the conduct of the election and term of the Honorary President providing, but not limited to providing, for:

  1. the qualification of candidates
  2. the nomination of candidates by
    1. any state parliament, where one former Governor or one former Lieutenant Governor of that state is nominated; and
    2. the Federal Parliament, where one former Governor General is nominated.
    3. public petition, up to three showing the greatest support;
  3. the disqualification of candidates who have or in recent years have had an association or membership of a political party;
  4. limitations on re-nomination;
  5. the appointment of one or more Honorary Vice Presidents from the group of candidates;
  6. annual salary and expenses;
  7. a term of five years, extensible in lots of six months to a maximum of eight years for the purpose of coordination with other elections;
  8. restrictions on holding other offices under this constitution;
  9. the resignation of the Honorary President or Honorary Vice President; and
  10. the assumption of office by an Honorary Vice President

61 Removal of Honoraries (replacement of section)

An Honorary President or an Honorary Vice President, may be permanently removed by the Governor General, on an address from both Houses of Parliament in the same session praying for such removal on the grounds of:

  1. proved misbehaviour;
  2. incapacity;
  3. improper exercise of powers;
  4. holding foreign citizenship; or
  5. activity in a political party.

Part II – The Federal Executive Council

64 Ministers of State

the Queen's Ministers replaced with the Ministers

66 Salaries of Ministers

There shall be payable to the Queen out replaced with There shall be, out

68 Command of naval and military forces

as the Queen's representative replaced with as representative of the Presidency

Chapter III – The Judicature

73 Appellate jurisdiction of High Court (replacement of the last sentence of the section)

The Parliament shall provide the conditions of and restrictions of appeals from the Supreme Courts of the several states to the High Court.

74 Appeal to Queen in Council section removed

Chapter V – The States

117 Rights of Residents in States

subject of the Queen replaced with  permanent resident, as defined by the laws made by the Parliament

Chapter VI - New States

122 Government of territories

territory placed by the Queen replaced with  territory placed

Chapter VII - Miscellaneous

126 The Saving of Powers and Functions (replacement of section)

At the commencement of the term of the first Honorary President, in respect to Australia:

  1. the Presidency shall be the successor to the Queen and the Crown;
  2. the validity and continued effect of the Queen’s powers and functions shall be held in the Presidency; and
  3. the validity and continued effect of the Crown shall be held in the Presidency and where the Presidency is holding this validity or effect it may continue to be referenced as the "Crown" or it may be referenced as the "Presidency."

However, notwithstanding anything in this section, the Queen shall continue to be recognised as Head of the Commonwealth of Nations and Australia’s membership of it shall continue until the Parliament otherwise provides.

Chapter VIII - Alteration of the Constitution

128 Mode of altering the Constitution

the Queen's accent replaced with   accent

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