Monarchy of Australia
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| Queen of Australia | |
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Royal Coat of Arms of Australia |
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| Incumbent: Elizabeth II |
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| Style: | Her Majesty |
| Heir apparent: | Charles, Prince of Wales |
| First monarch: | Victoria |
| Formation: | 1 January 1901 |
| Australia | |
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The monarchy of Australia is a system of government in which a hereditary monarch is the sovereign of Australia; the incumbent is Elizabeth II, officially called Queen of Australia, who has reigned since 6 February 1952. The heir apparent is Elizabeth's eldest son, Prince Charles, though the Queen is presently the only member of the Australian Royal Family with any constitutional role. She, her husband and consort, Prince Philip, Duke of Edinburgh, Prince Charles, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions across Australia and on behalf of Australia abroad.
The royal power within the Commonwealth of Australia is exercised by a Governor-General in accordance with the Australian Constitution. In the federal jurisdiction, the sovereign does not exercise these powers in person, save for a few specific duties, but may perform certain ceremonial functions in person, such as the opening of parliament. In each of the states, the monarch may perform the governors' functions in person when in the state herself. There is a debate about whether the Governor-General or the sovereign is head of state.
The Australian monarch, besides reigning in Australia, separately serves as monarch for each of fifteen other Commonwealth countries. This developed from the former colonial relationship of these countries to Britain, but they are now independent and the monarchy of each is legally distinct.
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The current Australian monarchy can trace its ancestral lineage back to the Anglo-Saxon period, and ultimately back to the kings of the Angles and the early Scottish kings. Parts of the territories that today comprise Australia were claimed under King George III in 1770, after which, especially throughout the 19th century, the Crown's territory expanded to include the entire continent. The colonies voted to federate in 1901 and the Commonwealth of Australia was formed with the granting of Royal Assent by Queen Victoria. The country's status as an independent nation, and thus the emergence of a separate Australian monarchy, was formalised through a series of enactments from the Statute of Westminister (1931) to the Australia Act (1986).
Sixteen states within the 53-member Commonwealth of Nations are in a personal union relationship and are known as Commonwealth realms.[1][2][3][4] Australia is one of these. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms is sovereign and independent of the others.[5]
The Balfour Declaration of 1926 provided the Dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operates independently in each realm rather than a unitary British Crown under which all the Dominions were secondary. The monarchy thus ceased to be an exclusively British institution, although it has often been called British since this time (in both legal and common language) for reasons historical, legal, and of convenience. The Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster, 1931.
Under the Statute of Westminster, Australia has a common monarchy with Britain and the other Commonwealth realms, and though laws governing the line of succession to the Australian throne lie within the control of the Australian parliament, Australia cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship. This situation applies symmetrically in all the other realms, including the UK.[6]
Effective with the Australia Act, 1986, the British government could no longer advise the monarch on any matters pertinent to Australia. Thus, on all matters of the Australian State, the monarch is advised solely by Australian federal and state ministers.
- Further information: Federal Executive Council
In Australia, the Queen's official title is: Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.
This style communicates Australia's status as an independent monarchy, highlighting the monarch's role specifically as Queen of Australia, as well as the shared aspect of the Crown throughout the realms, by mentioning Australia separately from the other Commonwealth realms. Typically, the sovereign is styled Queen of Australia, and is addressed as such when in Australia, or performing duties on behalf of Australia abroad.
When a new Royal Style and Titles Act was passed at the beginning of Queen Elizabeth's reign, it explicitly identified the Queen's role in the United Kingdom and her role in Australia separately, with her role as Queen of the United Kingdom listed before her role as Queen of Australia. This format was consistent with the form of the Queen's titles in the other realms, as had been agreed upon by all the realm governments in 1953.
Her title in 1953 was: Elizabeth the Second, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.
When the Parliament of Australia passed the Royal Style and Titles Act (1973), this act repealed sections of the Royal Style and Titles Act (1953), and her Australian style and titles became: Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.
It should be noted that the title Defender of the Faith was deleted by this Act from the Queen's Australian style and titles. In the United Kingdom the Church of England is a state church, and the Queen is its Supreme Governor. Australia has no state church, and neither the Queen nor the Governor-General have any official connection with any church in Australia.
Unlike in the United Kingdom, in Australia the sovereign is the only member of the Royal Family who has a title established through Australian law. Though it would be possible for other members of the Royal Family to be granted distinctly Australian titles (as is the case for the Duke of Rothesay in Scotland), they are only accorded the use of a courtesy title, which is the title they have been granted via Letters Patent in the United Kingdom.
- Further information: List of titles and honours of Queen Elizabeth II
- Further information: Australian Peers
Australians do not pay any money to the Queen, either for personal income or to support the royal residences outside of Australia. Only when the Queen is in Australia, or acting abroad as Queen of Australia, does any Australian government support her in the performance of her duties. This rule applies equally to other members of the Royal Family. Usually the Queen's Australian governments pay only for the costs associated with the Governor-General and Governors in their exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices, ceremonial occasions, etc.
The heir apparent is Elizabeth II's eldest son, Charles. The Federal Executive Council is expected to proclaim him King of Australia upon his accession to the throne upon the demise of the Crown.
Succession to the throne is by male-preference primogeniture, and governed by the provisions of the Act of Settlement, as well as the Bill of Rights. This legislation restricts the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover (1630–1714), a granddaughter of James I, and lays out the rules that the Monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England upon ascending the throne. As Australia does not have any local laws specifically governing succession to the throne, see Succession to the British Throne for more information.
Upon a demise in the Crown (the death of a Sovereign) his or her heir immediately and automatically succeeds, without any need for confirmation or further ceremony. (Hence arises the phrase "The King is dead. Long live the King!") After an appropriate period of mourning has passed, the Sovereign is also crowned in Westminster Abbey, normally by the Archbishop of Canterbury. A coronation is not necessary for a Sovereign to rule; for example, Edward VIII was never crowned, yet was undoubtedly king during his short reign.
After an individual ascends the throne, he or she continues to reign until death. Monarchs are not allowed to unilaterally abdicate; the only Australian monarch to abdicate, Edward VIII, did so with the authorisation of a special Act of British Parliament, His Majesty's Declaration of Abdication Act, 1936, which was agreed to by the Australian government and, by Australian constitutional law, applied equally in Australia,[7] though, by the Statute of Westminster, the UK required the permission of Australia to alter the line of succession.
Australia's constitution is made up of a variety of statutes and conventions that are either British or Australian in origin, which gives Australia a similar parliamentary system of government as the other Commonwealth realms. The legislative power is constitutionally reposed in the monarch and the parliament, as is the case in the United Kingdom, while the executive power is exercised in the federal area by the sovereign's representative, the Governor-General of Australia – appointed by the monarch upon the advice of the Prime Minister of Australia – and in each state by a Governor – appointed by the monarch upon the advice of the relevant state premier. Most of the Queen's constitutional responsibilities are performed by these vice-regal representatives. Between the passage of the Statute of Westminster in 1931 to the mid-1970s the government was referred to as Her Majesty's Government in Australia. Since then, however, though the constitutional arrangements have not changed, the government is more often addressed as The Government of Australia.
The role of the Queen and the Governor-General is both legal and practical; the Crown is regarded as a corporation, in which several parts share the authority of the whole, with the Queen as the person at the centre of the constitutional construct.[8]
The vast powers that belong to the Crown are collectively known as the Royal Prerogative, which includes many powers such as the ability to make treaties or send ambassadors, as well as certain duties such as to defend the realm and to maintain the Queen's peace. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the Consent of the Crown must be obtained before either house may even debate a bill affecting the sovereign's prerogatives or interests. It is important to note that the Royal Prerogative belongs to the Crown, and not to any of the ministers, though it may sometimes appear that way.[8] Although the Royal Prerogative is extensive, it is not unlimited. For example, the monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorisation of an Act of Parliament.
It is a duty of the Crown to also appointment and dismiss governors, ministers, members of various executive agencies, and other officials. The Queen alone may appoint governors-general, who, in turn, is responsible for appointing a Prime Minister, a task that has been delegated specifically to the Governor-General through the Commonwealth of Australia Constitution Act. In accordance with unwritten constitutional conventions, the Governor-General must appoint the individual most likely to maintain the support of the House of Representatives: usually, the leader of the party which has a majority in that house. If no party has a majority, two or more groups may form a coalition, whose agreed leader is then appointed Prime Minister. In a parliament in which no party or coalition holds a majority, the Governor-General is required by convention to appoint the individual most likely to command the support of the House of Representatives, usually, but not necessarily, the leader of the largest party. The Queen is informed by the Governor-General of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and members of the ministry.
The appointment of members of the Federal Executive Council and Supreme Court justices, also falls under the Royal Prerogative, though these duties are specifically assigned to the Governor-General by the constitution. These appointees hold office "during the pleasure of the Governor General", and are known as the Queen's Ministers of State for the Commonwealth.[9] Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers. By the Australia Act, 1986, the Queen has the power to appoint Governors, though the appointees are chosen by the relevant state premier. Either the Queen or the Governors are also specifically delegated to appoint under the Great Seal of the State, similar executive bodies. The state governors may also appoint people to fill casual Senate vacancies if the relevant state parliament is not in session.[9] However, such appointments are made on the advice of the relevant premier.
In addition, it is the Crown's prerogative to declare war, make peace, and direct the actions of the military, although the Prime Minister holds de facto decision-making power over the armed forces. The Royal Prerogative also extends to foreign affairs: the sovereign or Governor-General may negotiate and ratify treaties, alliances, and international agreements; no parliamentary approval is required. However, a treaty cannot alter the domestic laws of Australia; an Act of Parliament is necessary in such cases. The Governor-General accredits Australian High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all Australian passports are issued in the Governor'General's name. In Australia major public inquiries are called Royal Commissions, and are created by the Cabinet on behalf of the monarch through a Royal Warrant.
The sovereign is one of the three components of parliament; the others are the Senate and the House of Representatives. The Commonwealth of Australia Constitution Act also outlines that the Governor-General alone is responsible for summoning and proroguing Parliament.[9] The new parliamentary session is marked by the state opening of parliament, during which either the sovereign or the Governor-General reads the Speech from the Throne in the Senate chamber, outlining the government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. Dissolution, the timing of which is affected by a variety of factors, ends a parliamentary term (which lasts a maximum of three years), and is followed by general elections for all seats in the House of Representatives.
There are also a few other duties which must be specifically performed by, or bills that require assent by the Queen. These include: the confirmation of awards of Australian honours, and approving any change in her Australian title.
Because the Australian monarchy is a constitutional one, the powers that are constitutionally the monarch's are exercised almost wholly upon the advice of his or her Prime Minister and the Ministers of the Crown in Cabinet, who are, in turn, accountable to the democratically elected House of Representatives, and through it, to the people. It has been said that, ever since the 1714 death of the last monarch to head the British cabinet, Queen Anne, the monarch reigns but does not rule. Since the Australian continent did not become a British possession until many years after Anne's death, this tradition has always applied in Australia. This means that the monarch's role, and thereby the Viceroy's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate.
In exceptional circumstances, however, the Governor-General may act without such advice based upon his reserve powers[8] – as when Governor-General Sir John Kerr dismissed Prime Minister Gough Whitlam due to a stalemate over government funding between the House of Representatives and the Senate.
- Further information: Australian constitutional crisis of 1975
The Queen is head of the entire Commonwealth of Australia. A Governor serves as the monarch's representative in each state, carrying out all the monarch's constitutional and ceremonial duties of state on her behalf. The Administrator of Australia's Northern Territory is the representative of the sovereign, and is appointed by the Governor-General-in-Council on the recommendation of the Chief Minister of the Northern Territory, who also acts as the administrator's chief advisor. The Australian Capital Territory does not have an administrator.
Presently, the Australian Crown is unitary across the country; a system in which the headship of state is not a part of either the federal or state jurisdictions; meaning the sovereignty of each state is passed on not by the Governor-General or the Australian Parliament, but from the Crown itself. Thus, the Crown is divided into seven legal jurisdictions - or seven crowns - one federal and six state.
This situation emerged from before 1901, when the monarch reigned separately over each of the colonies that eventually became states; i.e., New South Wales, Victoria, Tasmania, South Australia, Western Australia and Queensland. In the lead up to Federation, proposals were raised as to how to select the Governors, ranging from appointment by the state parliaments or even direct election by the populace, and that they should be residents of the State as opposed to British; it was agreed that the governors should not be subordinate to the Governor-General. The decision reached in 1901 was to maintain the status quo: the state governments retained direct access to the British government, unlike the Canadian provinces, which had to go via the Canadian Governor General.[10] Hence, the British government would retain control over the recommendations to the Queen for appointments to the Australian state governorships. Eventually the British Secretary of State came to take the nomination of the relevant state Premier to the sovereign, however he was not bound to follow the advice, and the eventual appointment was made by the monarch as sovereign of the United Kingdom and not sovereign of Australia. This situation persisted after 1931, as the states themselves did not adopt the Statute of Westminster, as a protectionist measure against the Commonwealth government. A number of examples over the decades revealed that premiers and judges alike were not aware of the actual legal formula remaining in place from 1901 – the case of Governor of Queensland Sir Colin Hannah, for example.[10]
The government of Prime Minister Gough Whitlam made a concerted effort to alter constitutional arrangements so as to make the states subordinate entities to the federal Commonwealth parliament, which included altering the lines of communication between the states and the Queen, and ending appeals by the states to the Imperial Privy Council; Whitlam mistakenly believed the British government had no role what-so-ever in the appointment of state Governors. Not understanding the difference between the Queen of the United Kingdom and the Queen of Australia, Whitlam's requests that the states work with Westminster through the Governor-General were called "constitutionally improper" by the government in London. The states became very wary of statements from Canberra such as "the appointment of state Governors was a subject on which the Commonwealth was entitled to tender advice to the Queen, and that the future channel of communication between the States and the Queen should be the Governor-General."[11]
A solution was reached in 1986 with the passage of the Australia Act in both the United Kingdom and Australia; the Queen proclaimed the commencement of the Act on 3 March 1986, while in Canberra. These Acts severed the links between the Australian states and the government of the United Kingdom, affirmed that the state Governors were the representative of the Queen in their respective state, and asserted that – save the ability to appoint or remove a governor, and the Queen's powers when she is physically present in the state – all powers and functions of the Queen were to be exercisable by the Governor.[10] Therefore, essentially the same relationship continues to exist between the states and the Crown as was in place before 1901, only that the British Crown has been replaced by the Australian one. Thus, if the Commonwealth became a republic, the role of the Crown in the states would remain unchanged, unless the constitutions of the states were altered. Conversely, the states could change their constitutions to remove the Crown's role while the Commonwealth retained it.
- Further information: Governors of the Australian states and Monarchy in the Canadian provinces
All laws in Australia are enacted by Royal Assent, except in the Australian Capital Territory (ACT) Legislative Assembly; the ACT and Northern Territory legislatures are subject to the oversight of the Australian Parliament. Thus, prior to 1990, all bills began with the phrase "BE IT ENACTED by the Queen [King], and the Senate and the House of Representatives of the Commonwealth of Australia, as follows." However, following 1990, the enacting clause was altered to read: "The Parliament of Australia enacts". The granting of a signature to a bill is known as Royal Assent; it and proclamation are required for all acts of Parliament and of the state legislatures, usually granted or withheld by the Governor-General or Governor, with the Great Seal of Australia, or the appropriate state seal. The Vice-regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill within one year of receiving the bill from the Governor-General.[9]
The sovereign is deemed the fount of justice, and is responsible for rendering justice for all subjects. The sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the Queen of Australia is not subject to suit in foreign courts without her express consent. The sovereign, and by extension the Governor-General, also exercises the prerogative of mercy, and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Australia the legal personality of the State is referred to as Her Majesty the Queen in Right of Australia, and likewise for the states and territories (i.e., in Right of Queensland, etc.). For example, if a lawsuit is filed against the federal government, the respondent is formally described as Her Majesty the Queen in Right of Australia. A case in which a party sues both a state and the federal government, the respondents would formally be called Her Majesty the Queen in Right of Tasmania and Her Majesty the Queen in Right of Australia. In this capacity, all Crown copyright is held by the Queen, either in Right of Australia or a relevant state.
In addition, the monarch also serves as a symbol of the legitimacy of courts of justice, and of their judicial authority. An image of the Queen or the Arms of Her Majesty in Right of Australia is always displayed in Australian federal courtrooms. In New South Wales (NSW), as a result of the passage of the State Arms, Symbols and Emblems Act, 2004, NSW courts have been progressively replacing the Queen's British Royal Arms with the Queen's New South Wales Royal Arms. Itinerant judges will display an image of the Queen and the Australian flag when holding a session away from established courtrooms. Such situations occur in parts of Australia where the stakeholders in a given court case are too isolated geographically to be able to travel for regular proceedings.
The oath or affirmation of allegiance is required by law to be sworn by new parliamentarians; the oath is to the monarch as sovereign of Australia, and to his or her heirs and successors according to law.[9] Since 1994, new Australian citizens have taken a pledge of allegiance to Australia and its values only.
- See also: Australian Nationality Law, The Crown
At one time the monarchy was considered a purely British institution, when most Australians still continued to be both legally, and by personal view, British subjects. However, paralleling the changes in constitutional law, and the evolution of Australian nationalism, the cultural role of the monarchy in Australia altered.
The federal and state governments now recognize and promote the Queen's role as monarch of Australia as separate to her position as monarch of the United Kingdom. Today the sovereign is regarded as the personification of the Australian state. From time to time the sovereign or another member of the Royal Family will also represent Australia abroad. On these occasions they are acting as sovereign of Australia and members of the Australian Royal Family.
Two types of duties are regularly carried out in relation to Australia: Official duties involve the sovereign representing the Australian commonwealth at home or abroad, or other members representing the sovereign in Australia or elsewhere. For example, the Queen, Prince Charles, and Princess Anne have participated in Australian ceremonies for the anniversary of D-Day in France, most recently in 2004. Unofficial duties are performed by Royal Family members on behalf of Australian organizations, through their attendance at charity events, visiting with members of the Australian Defence Force as Colonel-in-Chief, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization. Apart from Australia, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is head of state (see, for example, List of Commonwealth visits made by Queen Elizabeth II). As the Crown within these countries is a legally separate entity from the Australian Crown, it is funded in these countries individually, through the ordinary legislative budgeting process.
Despite the removal or replacement of certain monarchical symbols as national symbols through the 1990s, the Crown remains a visible part of the everyday lives of Australians. What were formerly purely British symbols became symbols of the monarch, or loyalty thereto.
The monarchy is presently symbolized through images of the sovereign on currency and in portraits in public buildings; in songs, toasts and salutes; on Australian decorations and honours; on some state Coats of Arms; and some postage stamps. Crowns are also visible on police forces badges, military badges, and some state coats of arms. Certain key days are also reserved to celebrate the monarchy, notably the Queen's Birthday, on which day the Queen's Birthday Honours List is issued, outlining newly inducted members of the Order of Australia. Another royal event in Australia is the Royal Christmas Message, broadcast to the Commonwealth of Nations since 1932.
"God Save the Queen" remains the Royal Anthem, while "Advance Australia Fair" has been adopted as the national anthem, both by proclamation of Governor-General Sir Ninian Stephen, on 19 April 1984.[12] The Vice-Regal Salute, played only for the Governor-General and each Governor, is the first four and last four bars of "Advance Australia Fair."
There are also hundreds of places named for Australian monarchs and members of the Royal Family all across Australia. No individual has been more honoured than Queen Victoria in the names of Australia's public buildings, streets, populated places and physical features.
Neither the Queen, the Governor-General, nor any Governor has any religious role in Australia. There have been no established churches in Australia since before federation in 1901, and the Constitution from that date does not allow any law to be made in respect of any religion. This is one of the key differences from the Queen's role in the United Kingdom, where she is Supreme Governor of the Church of England.
Members of the Royal Family have been present in Australia since the mid 1800s, either on military manoeuvres, for official tours, or as governors; various members of the Royal Family have served as the vice-regal representative of the British, and later Australian monarch. Though all of the Royal Family currently lives outside of the country, members are still regular visitors, enough so that on occasion royal visits to Australia are also referred to by monarchists as Royal Homecomings. These events are often marked with a variety of ceremonies, the granting of honours and general celebrations, even though these events are not always official holidays.
The Queen regularly undertakes tours of Australia to celebrate Australian culture, milestone anniversaries, military remembrances, and the like. Other Royals will perform the same tasks in the Queen's place, from time to time, usually on a less grand scale or for events of a lesser importance. These tours are at the invitation of, organised, and paid for by the Australian government, state government, or a combination of both; hence, they are called official tours or official visits.[13]
Since the establishment of the colony of New South Wales at Sydney Cove, Australia has been the territory of a monarchy or a monarchy in its own right. Kings and queens reigning over Australia have included those of the UK (from George III of the United Kingdom in 1788 to King George VI in 1952), to Queen Elizabeth II as Queen of Australia today.
| “ | The death of the Queen – cast on the Empire a shadow like the blackness of an eclipse, and nowhere was that shadow darker than in Australasia – she was the symbol – the human embodiment – of the Empire...[14] | ” |
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—W. H. Fitchett, author and editor, Review of Reviews for Australasia, 20 February 1901 |
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Following federation in 1901, the gradual "Australianisation" of the Crown began.
The National Carillon in Canberra was dedicated by Queen Elizabeth II on 25 April 1970. The Swan Bells in Perth, Western Australia include the twelve bells of Saint Martin-in-the-Fields that were cast between 1725 and 1770 by three generations of the Rudhall family of bell founders from Gloucester, under the order of the Prince of Wales, later crowned as King George II. Donated to Perth in 1988, they are known to have pealed as the explorer James Cook set sail on the voyage that founded Australia, and are the only sets of royal bells to have left England.
A change to the constitution affecting the position of the monarch or the monarch's representatives in Australia, has always required approval in a referendum of the proposed amendment by a majority of electors nationwide and a majority in a majority of the states, ordinarily after first being approved by a majority in both houses of parliament.
Australia's status as a constitutional monarchy has been debated since Federation in 1901. However, it was not until the 1970s when some Australian politicians seriously began to reconsider Australia's constitutional framework, though at that time the Australian public, overall, showed little support for, or even concern about, constitutional change. At this point there was a downplaying of the monarchy in Australia, with references to the monarch and the monarchy being slowly removed from the public eye (e.g., the Queen's portrait from public buildings and schools, and the Royal Mail became a crown corporation, Australia Post).
In 1991 the Australian Labor Party was the first national party to make an Australian republic a part of their platform. Prime Minister Hawke did not pursue the matter. His successor in office Paul Keating formed the Republic Advisory Committee to investigate the potential issues which would need to be overcome for Australia to become a republic. In 1993 references to the Queen were removed from the Oath of Citizenship taken by new Australian citizens, to be replaced by a pledge to the country and people, "whose democratic beliefs I share and whose laws I shall obey." The State of Queensland removed all reference to the Monarchy from its legislation, barristers in New South Wales were no longer to be appointed to Queen's Counsel, Australian organisations could no longer apply for Royal Charters, and in 2004 the New South Wales government passed legislation forcing the removal of all depictions of the British Royal Arms from the exterior and interior of government buildings. Some monarchists call these moves republicanism by stealth, and argue that the process of downplaying the monarchy has led to widespread misunderstandings about the institution and how Australia is governed.
In 1999 Australia held a two-question referendum. The first question asked whether Australia should become a republic with a President appointed by Parliament, a bi-partisan appointment model which had previously been decided at a Constitutional Convention in February 1998. The second question, generally deemed to be far less important politically, asked whether Australia should alter the constitution to insert a preamble. Neither of the amendments passed, with the 'no' side receiving 54.4% of the vote.
Depending on the question asked, opinion polls have shown Australians have mixed feelings towards the monarchy. Some polls show a majority of Australians support the creation of a republic, while others show a majority favour retaining the current system. Generally, however, in recent years the prevailing mood towards the monarchy suggested by most polls is one of indifference or apathy.
Four months after the referendum on an Australian republic, the Queen returned to Australia in 2000. In Sydney, in a speech at the Conference Centre in Darling Harbour, she stated her belief in the democratic rights of Australians on all issues including that of the Monarchy:
- "My family and I would, of course, have retained our deep affection for Australia and Australians everywhere, whatever the outcome. For some while it has been clear that many Australians have wanted constitutional change ... You can understand, therefore, that it was with the closest interest that I followed the debate leading up to the referendum held last year on the proposal to amend the Constitution. I have always made it clear that the future of the Monarchy in Australia is an issue for you, the Australian people, and you alone to decide by democratic and constitutional means. It should not be otherwise. As I said at the time, I respect and accept the outcome of the referendum. In the light of the result last November I shall continue faithfully to serve as Queen of Australia under the Constitution to the very best of my ability, as I have tried to do for the last 48 years."[15]
Little controversy followed her during that visit, or one later in 2002 to celebrate her Golden Jubilee as Queen of Australia. It was reported that generally Australians greeted her with respect, though due to the ease of the television age, in diminished numbers compared to earlier visits.
In March, 2006 organisers of the 2006 Commonwealth Games in Melbourne came under fire when it was announced that they would not play God Save the Queen at the ceremonies where the Queen was to open the Games. Despite the fact that the song is officially the Australian Royal Anthem, to be played whenever the Sovereign is present, the Games organisers refused to play it.[16] After repeated calls from Prime Minister John Howard, organisers agreed to play eight bars of the Royal Anthem at the opening ceremony. However, there remained speculation that the opening of the Games could be "thrown into chaos" should thousands of Australians continue to sing God Save the Queen after the eight bars were complete, drowning out singer Dame Kiri Te Kanawa and the Melbourne Symphony Orchestra.[17] In the end, with the crowd singing along,[18] Dame Kiri sang Happy Birthday to the Queen, the rendition of which then turned into an abbreviated God Save the Queen, and at which point the majority of attendees at the stadium stood.[19][20]
A poll taken in early 2007 showed support for a change to republic at its lowest level since the early 1990s [21].
In December 2007 Kevin Rudd was the first Australian prime minister not to swear allegiance to the sovereign when sworn in by the Governor-General."[22]
A list of monarchs of Australia:
| House of Hanover |
|---|
| Victoria of the United Kingdom 1901: Signed Commonwealth of Australia Constitution Act 1900 |
| House of Saxe-Coburg and Gotha |
| Edward VII of the United Kingdom 1901-10 |
| House of Windsor |
| George V of the United Kingdom 1910-36 and Commonwealth of Australia 1931-36: Signed Statute of Westminster, 1931 |
| Edward VIII of the United Kingdom and Commonwealth of Australia 1936 |
| George VI of the United Kingdom and Commonwealth of Australia 1936-52 |
| Elizabeth II of Australia 1952–present: First to be titled separately as Queen of Australia. |
The Sovereign's primary official residence is Yarralumla, officially known as Government House, in the city of Canberra. Government House is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Moreover, visiting heads of state usually reside at Yarralumla. Another principal residence is Admiralty House, in Sydney, and is used principally as retreat for the Governor-General. The states of Victoria, Western Australia, Queensland, Tasmania, and South Australia also maintain residences, used primarily by the respective Governor, though the Monarch or other members of the Royal Family will reside there when in the state.
The aforementioned residences belong to the Crown; they are held in trust for future rulers, and cannot be sold by the Monarch.
The Crown retains a prominent but entirely symbolic place in the Australian Defence Force, which consists of the Australian Army, Royal Australian Air Force, and Royal Australian Navy.
Section 68 of the Australian Constitution says: "The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative."[9] In practice, however, the Governor-General does not play any part in the ADF's command structure and the ADF is under the control of the Minister for Defence and several subordinate ministers. The Minister advises the Governor-General who acts as advised in the normal form of executive government.[23]
The Sovereign's nominal position and role in the military is reflected by Australian naval vessels bearing the prefix Her Majesty's Australian Ship (HMAS) (His Majesty's Australian Ship during the reign of a king), many regiments and corps in the army being "royal regiments", and all members of the armed forces must swear allegiance to the Queen and her heirs and successors (except Naval Officers, whose allegiance due to Royal Navy custom is not questioned).
Members of the Royal Family have presided over many military ceremonies, including Trooping of the Colours, inspections of the troops, and anniversaries of key battles. Whenever the Queen is in Canberra she lays a wreath at the Australian War Memorial. Elizabeth II acted in her capacity as Queen of Australia abroad in 2003 when she dedicated the Australian War Memorial in Hyde Park, London.
Members of the Royal Family are Colonels-in-Chief of many Australian regiments, including: the Royal Regiment of Australian Artillery; Royal Australian Army Medical Corps; the Royal Australian Armoured Corps and the Royal Australian Corps of Signals, amongst many others.
The Queen's husband [His Royal Highness the Duke of Edinburgh] is an Admiral of the Fleet in right of the Royal Australian Navy, Marshal of the Royal Australian Air Force, and Field Marshal of the Australian Army. He holds these positions as distinct from similar positions held in the United Kingdom, New Zealand and Canada. The offices are not honorary, but neither are they within the normal command structure of the ADF.
The Prince of Wales has indicated that when he takes the throne, he does not wish to hold these three offices.[citation needed]
- Australian Peerages
- Australian Constitution
- Australian republicanism
- Australian Monarchist League
- Australians for Constitutional Monarchy
- Australian Republican Movement
- Principality of Hutt River in Western Australia
- Commonwealth realm
- Prime Ministers of Queen Elizabeth II
- List of Commonwealth visits made by Queen Elizabeth II
- ^ Zines, The High Court and the Constitution, 4th ed. (1997) at 314: "The Queen as monarch of the United Kingdom, Canada, Australia and New Zealand is in a position resembling that of the King of Scotland and of England between 1603 and 1707 when two independent countries had a common sovereign"; the relationship between England and Scotland during those years is described as a personal union.
- ^ P. E. Corbett (1940). "The Status of the British Commonwealth in International Law". The University of Toronto Law Journal 3.
- ^ F. R. Scott (January 1944). "The End of Dominion Status". The American Journal of International Law 38: 34-49.
- ^ R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
- ^ The English Court of Appeal ruled in 1982, while "there is only one person who is the Sovereign within the British Commonwealth... in matters of law and government the Queen of the United Kingdom, for example, is entirely independent and distinct from the Queen of Canada." R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
- ^ Justice Rouleau in a 2003 court ruling wrote that "Union under the... Crown together with other Commonwealth countries [is a] constitutional principle." O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.)
- ^ Dr. Toporoski, Richard; The Invisible Crown; "It is my opinion that the domestic constitutional law of Australia or Papua New Guinea, for example, would provide for the succession in those countries of the same person who became Sovereign of the United Kingdom."
- ^ a b c Cox, Noel; Murdoch University Electronic Journal of Law: Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002)
- ^ a b c d e f of Australia Constitution Act; An Act to constitute the Commonwealth of Australia; July 9, 1900
- ^ a b c Smith, David; Canadian Monarchist News: The Chameleon Crown: The Queen and Her Australian Governors; Summer, 2007
- ^ Twomey, Anne; The Chameleon Crown; The Federation Press; Sydney, 2006
- ^ Commonwealth of Australia Gazette; No. S 142; 19 April 1984
- ^ Buckingham Palace: Guidelines and Procedures for the Acceptance, Classification, Retention and Disposal of Gifts to Members of the Royal Family
- ^ Belonging – a Century Celebrated: Belonging to the British Empire
- ^ ABC News: Queen keen to stay head of state; 20 March 2000
- ^ Herald Sun: Queen's anthem snubbed
- ^ Tinkler, Chris; Herald Sun: Rebels urged to sing royal anthem; 5 March 2006
- ^ Yahoo News: Melbourne welcomes Commonwealth Games with lavish opening ceremony
- ^ Flint, David; Australians for Constitutional Monarchy: 80,000 stand and sing God Save The Queen; 16 March 2006
- ^ Collins, Gerry; ABC News: Diary Three: The Games begin
- ^ Steketee, Mike; The Australian: Republican cause needs King Charles; 27 January 2007
- ^ Richard Shears. "Australia's new PM is sworn in - but refuses to swear allegiance to the Queen", The Daily Mail, Associated Newspapers Ltd, 2007-12-04.
- ^ Raspal Khosa (2004). Australian Defence Almanac 2004-05. Australian Strategic Policy Institute, Canberra. Page 4.
- ^ National Archives of Australia: King George VI (1936–52)
- ^ National Museum of Australia: Royal Romance
- ^ National Archives of Australia: Royal Visit 1954
- ^ National Archives of Australia: Royal Visit 1963
- ^ National Archives of Australia: Prince Charles
- ^ Australian Government: Royal Visits to Australia
- ^ National Archives of Australia: Royalty and Australian Society
- ^ Yahoo News: Prince Edward to visit Vic fire victims
- ^ ABC News: Royal couple set for busy Aust schedule
- ^ Queen, Howard honour war dead
- ^ World leaders hail D-Day veterans
- Governor-General of Australia
- Australians for Constiutional Monarchy
- The Australian Republican Movement
- The Australian Monarchist League
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