Monarchy in Australia
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Australia is a constitutional monarchy and a Commonwealth Realm. Queen Elizabeth II has been the reigning monarch since 6 February 1952. Under the Constitution of Australia, the Queen's powers are minor with all functions of the head of state performed by the Governor-General, who is appointed by the Queen on the advice of the Prime Minister of Australia. In all matters relating to Australia, the Queen acts solely on the advice of her Australian ministers.
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. ("Commonwealth" here refers to the Commonwealth of Nations, not the Commonwealth of Australia.) In common practice, Queen Elizabeth II is referred to simply as "The Queen" or "The Queen of Australia" when in Australia, or when abroad and acting on the advice of her Australian ministers.
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[edit] Constitutional monarchy in Australia
[edit] International vs. domestic role
One of the most complicated features of the Australian Monarchy is that it is in fact a shared monarchy. Some 53 independent sovereign states, including Australia, are members of the Commonwealth of Nations. Sixteen of these countries are Commonwealth Realms who recognise the same Queen, Elizabeth II, separately, as their head of state.
Queen Elizabeth II is the current Monarch's conventional title for all her Commonwealth Realms, but is generally regarded as "Queen of Australia" only when she is actually present in Australia or when she otherwise performs ceremonies or duties relevant to Australia. The Queen of Australia only ever acts on the advice of her Australian Prime Minister or, in affairs relating to the six Australian states, on the advice of the State Premier concerned. Some examples are conferring Australian Honours. All Australian honours are conferred in the name of the Queen of Australia. The Order of Australia is a Royal Order. The Queen has acted in her role as Queen of Australia when participating in Australian remembrance ceremonies in France.
There are a few functions which must be performed specifically by the Queen, such as appointing of Governors-General on the advice of the Australian Prime Minister or State Governors on the advice of the State Premier.
[edit] Constitutional role
Although Queen Elizabeth II is also monarch of the United Kingdom and other Commonwealth countries, each Commonwealth Realm is sovereign and independent of the others. The identity of the sovereign is determined by the conditions set out in the Act of Settlement. As a result of the Balfour Declaration of 1926 the dominions acquired 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 subordinate. 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 historical reasons and for 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, Australia has a common monarchy with Britain and the other Commonwealth Realms and cannot change the rules of succession without the unanimous consent of the other Realms, unless Australia explicitly leaves the shared monarchy relationship by means of a constitutional amendment.
On all matters of state to do with Australia, the monarch is advised solely by the Australian federal and state premiers. Since the passage of the Australia Act, 1986, no British government can advise the Monarch on any matters pertinent to Australia.
Succession to the throne is by male-preference primogeniture and governed by the provisions of the Act of Settlement and the English Bill of Rights. These documents are now part of Australian constitutional law. As Australia's rules of succession are identical to those of the United Kingdom (by the Statute of Westminster), see Succession to the British Throne for more information.
The Queen's role is almost entirely symbolic and cultural, and the few powers that are constitutionally hers are exercised wholly upon the advice of the elected government. In exceptional circumstances, however, the Governor-General may act without such advice based upon his reserve powers – 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. (see Australian constitutional crisis of 1975). For the most part, however, the Monarch functions as a symbol of the legal authority under which all governments operate. It has been correctly 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. For more explanation of the Queen's role, see Governor General of Australia.
Some important (but largely moribund) powers of state are constitutionally reposed in the Queen, who is represented at the federal level by the Governor-General of Australia and at the state level by Governors. The Governor-General is appointed by the Queen upon the advice of the Prime Minister of Australia. The six Governors are also appointed by the Queen upon the advice of the state premiers. It is possible that if the Governor-General decided to use his reserve powers against the Prime Minister's or the government's advice, the Prime Minister could recommend that the Queen dismiss the Governor-General.
Proclamation or a form of public announcement is required for all acts passed by the Australian, state and territory legislatures. Royal Assent is required for acts passed by all legislatures except the Australian Capital Territory Legislative Assembly. The ACT and NT legislatures are subject to the oversight of the Australian Parliament. State parliaments are not so subject, except that a state parliament cannot pass a law on a matter that is constitutionally reserved for the Australian Parliament.
The Administrator of Australia's Northern Territory, is appointed by the Governor-in-Council on the recommendation of the Chief Minister of the Northern Territory. As the territories are not sovereign entities, the administrator is not a representative of the Sovereign but is advised by the Chief Minister. The Australian Capital Territory does not have an administrator.
[edit] Cultural role
The Queen's role can be seen in numerous places within Australian life. For instance, the Queen is ceremonial head of the Australian honours system. As such, only she can approve the creation of an honour, which she does as requested by government of Australia. The Governor-General administers all responsibilities relating to Australian honours on the Queen's behalf.
Queen Elizabeth's birthday is 21 April, however since 1953 the official birthday of Australia's Monarch has been a national holiday known as the Queen's Birthday, normally the second Monday in June in all states and territories except Western Australia where it is set each year by vice-regal proclamation, though this is usually the last Monday of September or first Monday of October. It is on this day that the "Queen's Birthday Honours List", which outlines the newly inducted members of the Order of Australia, is announced.
The Queen is a regular visitor to Australia. Over the course of her reign, the cultural importance that Australians attach to the monarchy as a British institution has declined[citation needed]. Instead, the monarchy in Australia is seen as a purely Australian institution. The federal and state governments now recognise and promote the Queen's role as monarch of Australia as separate to her position as Queen of the United Kingdom. For example, though God Save the Queen remains the Royal Anthem, Advance Australia Fair has been adopted as the National Anthem, both by proclamation of Governor-General Sir Ninian Stephen on 19 April 1984. The Vice-Regal Salute is the first four and last four bars of Advance Australia Fair. The Vice-Regal Salute is played only for the Governor-General and each Governor, because they represent the Australian Queen.
The Queen's image remains on Australian coins, some currency and postage stamps. Her portrait is still found in some government buildings, military installations, schools, and Australian embassies abroad. Crowns are also visible on police forces badges, military badges, and some state coats of arms.
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. 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. As the Queen of Australia is also the Queen of the United Kingdom, the monarch cannot be a Roman Catholic or married to one and must be in communion with the Church of England upon ascending the throne.
[edit] Legal role
The legal personality of the Monarch in Australia is referred to as "Her Majesty the Queen in Right of Australia", and likewise for the states and territories (i.e., "in Right of South Australia," 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. (Naturally, the Queen herself takes no more role in such an affair than in any other business of government. Indeed, in cases in which, for example, a state sues the federal government, it would formally be Her Majesty the Queen in Right of Victoria v Her Majesty the Queen in Right of Australia.)
As a symbol of the courts' legitimacy, and their judicial authority, an image of the Queen or the Royal Arms are always displayed. Itinerant judges will display an image of the Queen and the Australian flag when holding a session away from an established court room. In NSW, as a result of the passage of the State Arms, Symbols and Emblems Act 2004 (NSW), NSW courts have been progressively replacing the (UK) Royal Arms with the (NSW) Royal Arms.
The oath of allegiance to Australia, sworn by soldiers, judges and parliamentarians, is an oath of allegiance to the Monarch as Sovereign of Australia, and to his/her heirs and successors according to law. Since 1994 new Australian citizens have taken a pledge of allegiance to Australia and its values only.
- See also: Australian Nationality Law
[edit] History
Since the establishment of the colony of 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 the 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.
Following federation in 1901, the gradual "Australianisation" of the Crown began.
The Royal and Parliamentary Titles Act 1927 initiated the gradual replacement of the concept of a singular crown throughout the British Empire with that of a shared crown making each dominion (as well as the United Kingdom) a separate Realm with the Crown worn by the common monarch. This idea was further enhanced by the Statute of Westminster 1931, which granted the dominions of the Commonwealth autonomy from the British parliament and equality with the United Kingdom. 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 will 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 the Anglican Church of Australia.
Australia gained full independence as an autonomous constitutional monarchy when the constitution was patriated under Prime Minister Hawke in 1986, making it Australian law rather than an act of the British parliament that required amendment in both jurisdictions.
- See also: Australia Act 1986
Any change to the constitution, including the position of the monarch or the monarch's representatives in Australia, has always required an absolute majority in either the House of Representatives or the Senate, and the approval in a referendum of the proposed amendment by a majority of electors nationwide, and a majority in a majority of the states, and the approval of a majority of electors in each state specifically impacted by the amendment.
[edit] Debate on the monarchy
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 into the 2000s the New South Wales government passed legislation forcing the removal of all crowns 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 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.
- See also: republicanism in Australia
- See also: 1999 Australian republic referendum
[edit] Post referendum
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."
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. 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. In the end, with the crowd singing along, 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.
A poll taken in early 2007 showed dwindling support for a change to republic among younger generations, which was seen by some as growing popularity for the Monarchy and Queen.[citation needed]
[edit] Monarchs of Australia
A list of monarchs of Australia:
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[edit] Royal Visits
See main article: Royal visits to Australia
Since 1867 there have been over fifty visits by a member of the Royal Family to Australia, though only six of those came before 1954.
[edit] The Crown and the Australian Defence Force
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." 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.[1]
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), and all members of the armed forces must swear allegiance to the Queen and her heirs and successors (except Naval Officers, whos 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.
[edit] See also
[edit] Other Realms
[edit] Australia
- Australian Constitution
- Australian republicanism
- Australians for Constitutional Monarchy
- Australian Republican Movement
[edit] Other
- Commonwealth Realm
- Prime Ministers of Queen Elizabeth II
- List of Commonwealth visits made by Queen Elizabeth II
- Monarchy in the Cook Islands
[edit] References
- ↑ Commonwealth of Australia Gazette; No. S 142; 19 April, 1984
- ↑ Queen keen to stay head of state
- ↑ Queen's anthem snubbed
- ↑ Rebels urged to sing royal anthem
- ↑ Melbourne welcomes Commonwealth Games with lavish opening ceremony
- ↑ 80,000 stand and sing God Save The Queen
- ↑ Diary Three: The Games begin - an audio blog by ABC's Gerry Collins
- ↑ 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
[edit] External links
Titles and honours · Head of the Commonwealth
Commonwealth
Prime Ministers · Queen of Australia · Queen of Canada · Queen of New Zealand · Queen of the United Kingdom
Overseas visits
State visits · Commonwealth visits
Public celebrations
Silver Jubilee · Golden Jubilee · Queen's Official Birthday
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