McGarvie Model
Encyclopedia
The 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.
The model was developed by former Governor of Victoria Richard McGarvie
and originally submitted to the Republic Advisory Committee
in 1993. At the Constitutional Convention
of 1998, it was the second most popular model of the four voted upon.
Under the McGarvie Model, a Constitutional Council would appoint and dismiss the head of state, the Governor-General.
The Constitutional Council would be bound to act in accordance with the Prime Minister's
advice
by a convention
backed by the penalty of public dismissal for breach.
The three members of the Constitutional Council, who can act by majority, are determined automatically by constitutional formula, with places going first to former Governors-General
(with priority to the most recently retired), and excess places going (on the same basis) in turn to former state governors, lieutenant-governors (or equivalent), judges of the High Court
or judges of the Federal Court
.
The tenure of the head of state would be under the same arrangements as the existing practice for the current Governor-General
. The head of state would also have the same range of powers as the current Governor-General
, but, except for the reserve powers, they could only be exercised on the advice
of the Federal Executive Council or a Minister. Otherwise there would be no codification of the constitutional conventions.
The only eligibility requirement for a head of state under the McGarvie Model would be Australian citizenship
because the process for selecting the head of state is designed to ensure a non-political head of state.
Supporters of the model claim that, although described as "no-risk but uninspiring" and occasionally misrepresented as "elitist", it has the considerable advantage of being developed by one with experience as a Governor and hence a working knowledge of how the system of governorship actually functions in Australia
. They claim it is straightforward, easily implemented, demonstrates twin requirements of practicality and principle, and keeps the separation of powers intact.
Legal commentators have remarked that the McGarvie Model is broadly consistent with the constitution's
existing arrangements under the monarchy
and that it requires the least change to constitutional practice.
Some republicans have been critical of the appointment process in the McGarvie model and argue that a model without any public participation in its selection mechanism would not be successful in any referendum
to change the constitution
.
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
to remove references to the monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
and establish a republic. It is also known as the Australian Democracy Model.
The model was developed by former Governor of Victoria Richard McGarvie
Richard McGarvie
Richard Elgin McGarvie, AC, KStJ, QC was a judge in the Supreme Court of Victoria and Governor of Victoria from 1992 to 1997.-Early life:...
and originally submitted to the Republic Advisory Committee
Republic Advisory Committee
The 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...
in 1993. At the Constitutional Convention
Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
of 1998, it was the second most popular model of the four voted upon.
Under the McGarvie Model, a Constitutional Council would appoint and dismiss the head of state, the Governor-General.
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
The Constitutional Council would be bound to act in accordance with the Prime Minister's
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
advice
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
by a convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
backed by the penalty of public dismissal for breach.
The three members of the Constitutional Council, who can act by majority, are determined automatically by constitutional formula, with places going first to former Governors-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
(with priority to the most recently retired), and excess places going (on the same basis) in turn to former state governors, lieutenant-governors (or equivalent), judges of the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
or judges of the Federal Court
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
.
The tenure of the head of state would be under the same arrangements as the existing practice for the current Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
. The head of state would also have the same range of powers as the current Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, but, except for the reserve powers, they could only be exercised on the advice
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
of the Federal Executive Council or a Minister. Otherwise there would be no codification of the constitutional conventions.
The only eligibility requirement for a head of state under the McGarvie Model would be Australian citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
because the process for selecting the head of state is designed to ensure a non-political head of state.
Supporters of the model claim that, although described as "no-risk but uninspiring" and occasionally misrepresented as "elitist", it has the considerable advantage of being developed by one with experience as a Governor and hence a working knowledge of how the system of governorship actually functions 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...
. They claim it is straightforward, easily implemented, demonstrates twin requirements of practicality and principle, and keeps the separation of powers intact.
Legal commentators have remarked that the McGarvie Model is broadly consistent with the constitution's
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
existing arrangements under the monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
and that it requires the least change to constitutional practice.
Some republicans have been critical of the appointment process in the McGarvie model and argue that a model without any public participation in its selection mechanism would not be successful in any referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to change the constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
.