Monarchy of Australia

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Queen of Australia
Monarchy
Federal

Royal Coat of Arms of Australia
Incumbent:
Elizabeth II

Style: Her Majesty
Heir apparent: Charles, Prince of Wales
First monarch: Victoria
Formation: 1 January 1901
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The Australian monarchy is a constitutional system of government wherein a hereditary monarch is the sovereign of Australia, presently Elizabeth II, who has reigned as Queen of Australia since 6 February 1952. The heir apparent is the Queen's eldest son, Prince Charles.

At the federal level, royal power within the Commonwealth of Australia is exercised by the office of Governor-General of Australia, currently held by Michael Jeffery, in accordance with the Australian Constitution and Letters Patent from the Queen.[1][2] Though the Governor-General maintains direct contact with the monarch,[3] executive power is given by the Australian Constitution to the Governor General. This has led to some debate over whether the sovereign or the Governor-General is Australia's head of state.[4] In each of the states, the monarch's powers are exercised by a Governor, appointed directly by the Queen on the advice of her respective state premier; when personally present in an Australian state, however, the monarch may herself perform any of the State Governor's functions.[5] In the Australian territories the Crown is represented either directly by the Governor-General of the Commonwealth or indirectly by an administrator appointed by the Governor-General.

The Australian monarch, besides reigning in Australia, separately serves as monarch for each of fifteen other Commonwealth countries known as Commonwealth realms. 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.

Contents

[edit] Development of Australian monarchy

The development of a distinctively Australian monarchy is complex, not being created on a specific date but developing incrementally.

Before the Federation in 1901, the six self-governing Australian colonies (which later became the states) were ruled by the King or Queen of the United Kingdom upon the advice of British ministers, and in particular the Secretary of State for the Colonies. After the federation of these colonies, this relationship continued; the Colonial Laws Validity Act 1865 – by which colonial laws deemed repugnant to imperial (British) law in force in the colony were void and inoperative – remained in force, both at the federal and state levels.[6] The Governor-General of the Commonwealth and the Governors of the states reported to Buckingham Palace, and were appointed by the monarch upon the advice of the British Cabinet.[7] Though by 1907 Australia was recognised as a Dominion by the Government in Westminster, the country remained fully under the British Crown.[8]

The participation of the Dominions in World War I led to increasing calls from some quarters for a re-evaluation of their status, although admittedly much less so from Australia (which at the time regarded its strategic and military interests still very much aligned with those of Britain) than from Canada, South Africa and (from 1922) the Irish Free State.[9] From 1917 onwards a series of imperial conferences met in London, culminating in the Balfour Declaration of 1926 which provided that Great Britain and the Dominions were to be considered "autonomous Communities within the British Empire, equal in status, in no way subordinate to one another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations". This agreement reflected the notion of a shared Crown operating independently in each realm rather than a unitary British Crown. The seeds of the monarchy ceasing to be an exclusively British institution were thus sown, although it would take some time and further events on the world stage for this to be fully realised in both politics and law. Since this time the monarchy has often been called British (in both legal and common language) for reasons historical, political, and of convenience. The Royal and Parliamentary Titles Act, 1927, an Act of the Westminster Parliament, was the first indication of a shift in the law. The Imperial Conference of 1930 established that the Australian government could advise the Sovereign directly on the choice of Governor-General, which ensured the independence of the office.[10]

The Statute of Westminster 1931 stated that Acts of the United Kingdom Parliament would no longer be able to extend to a Dominion, unless expressly requested and consented to by the Dominion.[11] This, in effect created a distinct legal Crown for Australia, although by its own terms the Statute of Westminster was not to have effect in a Dominion until adopted by the Dominion's own parliament. Australia was at first reluctant to adopt the Statute of Westminster but the reality of a major war in the Pacific and the desire for closer military ties with the United States led to the realisation that Australia's strategic and military interests were not necessarily coextensive with those of Britain. The Australian Parliament adopted the Statute of Westminster in 1942 with retroactive effect from 3 September 1939 (the commencement of the war against Germany). [12]. Despite the development of a distinct Australian Crown the monarch still did not possess a distinct Australian title. This came with the accession of Elizabeth II and enactment by the Australian Parliament of the Royal Styles and Titles Act 1953. This Act styled the sovereign as "Queen of the United Kingdom, Australia and Her other Realms and Territories", for the first time granting the monarch a distinctly Australian title and, moreover, no longer referring to Australia as a Dominion but as a realm. Similar laws granting the Queen a distinct indigenous title were enacted in her other realms (see List of titles and honours of Queen Elizabeth II). The Queen's title in Australia was further amended by the Australian Parliament in 1973, removing specific reference to her role as Queen of the United Kingdom and the possible implication that her role as Queen of the United Kingdom somehow possessed special status under Australian law. Still, laws pre-dating the Royal Styles and Titles Acts have not been amended to alter references to the Queen of the United Kingdom.[13][14]

Despite these developments vestiges of British rule in Australia remained. At the time of the passing of the Statute of Westminster, the Australian states did not want this Act applied to their jurisdictions, largely because they believed that the status quo would better protect their sovereign interests in the face of an expansionist Federal Government. This meant that despite the Statute of Westminster the Westminster Parliament could still – at least in theory if not with some difficulty in practice – legislate without request and consent in respect of the Australian states, that the Colonial Laws Validity Act remained in force in relation to the states, and, importantly for the status of the monarchy, that State Governors continued to be appointed directly by the British monarch – i.e. the sovereign acting upon the advice of the British Cabinet rather than that of the particular Australian State;[15] as late as 1976 the British ministry advised the Queen to reject the nominee of the Queensland cabinet for Governor.[16] Even at the federal level, the Crown, under advice from the British Government, pressured the Commonwealth Government of the day to accept Prince Henry, Duke of Gloucester as Governor-General in 1945.[17]

The final vestiges of a distinctly British monarchy in Australia were removed, and a fully distinct Australian monarchy thus came to fruition, with the passage of the Australia Act 1986 by the Australian and British parliaments. This legislation repealed the Colonial Laws Validity Act in relation to the states, and severed the remaining legislative and constitutional links with the UK Crown and Parliament, including the remaining avenue of direct legal appeals to the Queen in Council from state Supreme Courts (bypassing the appellate jurisdiction of the High Court of Australia).

[edit] Present structure

[edit] International and domestic aspects

Sixteen states within the 53-member Commonwealth of Nations are in a personal union relationship and are known as Commonwealth realms.[18][19][20][21] 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.[22]

See also: Commonwealth realm: The Crown in the Commonwealth realms

[edit] Relations with other Commonwealth Realms

The Crown was thought of as one and indivisible throughout the Empire (and subsequently the Commonwealth). Since the sovereign was already present in Australia in Her Australian Government it was considered impossible for Australia to receive an ambassador sent by another part of the Empire (say Britain or Canada) to represent the same sovereign. Instead, the practice developed of receiving a High Commissioner representing not the sovereign but another of the sovereign's Governments. To this day the practice of receiving a High Commissioner rather than an ambassador from other Commonwealth countries continues, even in the case of Commonwealth republics.

[edit] Title

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. The sovereign is officially styled Queen of Australia, and is addressed as such when in Australia, or performing duties on behalf of Australia abroad. The fact that the Queen is the first Queen of Australia with the name Elizabeth has not led to any change in her numbered title to Elizabeth the First of Australia. For the history of the Queen's Australian title, see History.

The sovereign is the only member of the Royal Family to have a title established through Australian law. Other members of the Royal Family are accorded 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

[edit] Finance

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.

[edit] Succession

Charles, Prince of Wales, is the heir apparent to the Australian Throne
Charles, Prince of Wales, is the heir apparent to the Australian Throne

The heir apparent is Elizabeth II's eldest son, Charles.

Succession to the throne is by male-preference primogeniture, and governed by the provisions of the Bill of Rights 1689 and the Act of Settlement 1701. These Acts of the Westminster Parliament were received into the law of the Australian colonies upon British settlement and remain in force in Australia. This legislation restricts the succession to the natural 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 acceding the throne.

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, however, is not necessary for a sovereign to reign; for example, Edward VIII was never crowned, yet was undoubtedly king during his short reign.

Upon acceding to the throne the sovereign continues to reign until death. The sovereign cannot unilaterally abdicate; the only Australian monarch to abdicate, Edward VIII, did so with the authorisation of a special Act of the Westminster 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,[23] though, by the Statute of Westminster, the UK required the permission of Australia and the other Dominions to alter the line of succession.

Since the Australian law of succession is currently identical to that in the United Kingdom, see Succession to the British Throne for more information.

[edit] Constitutional role

The Sovereign's throne to the left, and a seat for the regal consort to the right, in the Australian Senate.
The Sovereign's throne to the left, and a seat for the regal consort to the right, in the Australian Senate.

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. 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, although the constitutional arrangements have not changed, the Government is more often addressed as The Government of Australia.

[edit] Constitutional duties

Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra
Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra

Since the passage of the Australia Act in 1986, the only action performed by The Queen under the Constitution is the appointment of the Governor-General, on the advice of the Australian Prime Minister.[24]

The powers of the Crown are collectively known as the Royal Prerogative. The Constitution of the Commonwealth gives the monarch the power to appoint the Governor-general at her pleasure, and to reserve the Royal Assent personally. The prerogative powers that the Queen would exercise personally in the United Kingdom and some other realms are constitutionally in the domain of her Governor-general. The most important function of the Governor-general is to choose a government. 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 appointment of members of the Federal Executive Council and High Court justices, also falls within the prerogative of the Governor-general. These appointees hold office "during the pleasure of the Governor-General", and are known as the Queen's Ministers of State for the Commonwealth. Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers.

In accordance with the Australia Act 1986 the Queen has the power to appoint Governors in each of the Australian states, though the appointees are chosen by the relevant State Premier. The Governors are also delegated to appoint executive bodies under the Great Seal of the State. The state Governors also appoint people to fill casual Senate vacancies if the relevant State Parliament is not in session. However, such appointments are made on the advice of the relevant State 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 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 name of the Governor-General as the Queen's representative. In Australia major public inquiries are called Royal Commissions, and are created by the Cabinet on behalf of the sovereign through a Royal Warrant.

The sovereign is one of the three components of the Commonwealth Parliament which consists of the Queen, the Senate and the House of Representatives. With the exception of Queensland which has a unicameral parliament, similar structures exist in the parliaments of the States. Under the Commonwealth Constitution the Governor-General alone is responsible for summoning and proroguing Parliament.[25] 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.

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[26] – as when, during the Australian constitutional crisis of 1975, Governor-General Sir John Kerr dismissed the Prime Minister Gough Whitlam due to a stalemate over government funding between the House of Representatives and the Senate in 1975.

[edit] States and territories

Prior to Federation in 1901, the Queen was represented in each of her Australian colonies by a governor. Upon Federation, the colonies became states of the newly formed Commonwealth of Australia. The Queen became head of the Commonwealth of Australia, but the states continued to exist as possessions of the Crown, and function as bodies politic in their own right. The state governors continue to serve as the direct representatives of the Queen, in no way subordinate to the Governor-General of the Commonwealth, and they carry out on her behalf all of the Queen's constitutional and ceremonial duties in respect of their respective state. The state governors are appointed directly by the Queen, on the advice of the relevant premier.

The self-governing territories of the Northern Territory and the Australian Capital Territory resemble states in many respects, but they are administered directly by the Commonwealth of Australia. An Administrator takes the place of a state governor in these and other territories and has a similar role. The administrator is appointed by the Governor-general upon the advice of the Commonwealth government.

Queen Elizabeth II is greeted by Mrs. Whitlam at Fairbairn RAAF base, with Gough Whitlam, Prime Minister of Australia, and Lady Hasluck, wife of the Governor-General, looking on.
Queen Elizabeth II is greeted by Mrs. Whitlam at Fairbairn RAAF base, with Gough Whitlam, Prime Minister of Australia, and Lady Hasluck, wife of the Governor-General, looking on.

Before 1986 British ministers had free communication with state governors and were constitutionally free to advise them in matters related to their states. The Commonwealth Governor-General, on the other hand, could only take advice from Commonwealth ministers. This anomaly could lead to a monarch or governor acting on the counsel of a British minister and ignoring that of the head of his or her elected state government. This indeed happened, in the Hannah and Wran affairs (see History, below). The passage of the Australia Act in both the United Kingdom and Australia resolved this anomaly. By this Act the links between the Australian states and the Government of the United Kingdom were severed, and the states became legally independent of the UK.

Further information: Governors of the Australian states

[edit] Legal role

All laws in Australia are enacted by Royal Assent, except in the Australian Capital Territory (ACT) Legislative Assembly. This is granted or withheld by the Governor-General under the Great Seal of Australia, or in the case of a state by the Governor under the appropriate state seal. The Governor-General may "reserve" a bill "for the Queen's pleasure", that is withhold his consent to the bill and present it to the sovereign for her personal decision. Under the Australian Constitution the sovereign has the power to disallow a bill within one year of the Governor-General having granted the Royal Assent; [27] This power has never been used and it is unlikely to be used.

The sovereign is deemed the fount of justice. Criminal offences are offences are legally deemed against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The Queen [or the King] against Smith (sometimes also referred to as "the Crown against Smith"). The common law holds that the "the King" (or Queen regnant) "can do no wrong". Accordingly, 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. The sovereign, and by extension the Governor-General and the State Governors, also exercises the prerogative of mercy, and may pardon offences against the Crown[citation needed]. The Arms of the Queen in right of Australia (or more rarely an image of the Queen) is displayed in Australian federal courtrooms and sessions of the High Court of Australia are opened with the words "the High Court of Australia is now in session; God Save the Queen." In a practice dating back to colonial times, state courts traditionally displayed the personal arms of the sovereign (those currently used by the sovereign in right of the United Kingdom); many still do, but in some states these have been replaced with the state arms.

The Australian Constitution requires all Members of the Commonwealth Parliament to swear an oath or make an affirmation of allegiance to the sovereign. [28] Previously, new appointees to the Cabinet would also swear an oath that included allegiance to the monarch before taking their post. This oath was never written in law, however, and would only take the form of what the Prime Minister of the time suggested to the Governor-General. In December, 2007, Kevin Rudd did not swear allegiance to the sovereign when sworn in by the Governor-General, making him the first Prime Minister not to do so.[29]

Previously, the Oath of Citizenship contained a statement of allegiance to the reigning monarch. Since 1994, however, new Australian citizens have taken a pledge of allegiance to Australia and its values only. Under Australian nationality law the Queen is not an Australian citizen; but nor is she an alien. As Queen she in a category sui generis..[verification needed]

See also: Australian Nationality Law, The Crown

[edit] Cultural role

[edit] Representation of the State

The Princess Royal passes behind the Princess Anne Banner at a parade for the 75th anniversary of the Royal Australian Corps of Signals.
The Princess Royal passes behind the Princess Anne Banner at a parade for the 75th anniversary of the Royal Australian Corps of Signals.

The monarch or a deputed member of the Royal Family may represent Australia abroad or with its territory. 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.

[edit] Symbols

The monarchy is presently symbolised through images of the sovereign on currency and in portraits in public buildings; on Australian decorations and honours and some postage stamps. The Crown is used as a heraldic symbol in the coats of arms of the Commonwealth and the states of New South Wales, Victoria, Queensland and Western Australia. Likewise it is used in the state flags of Victoria and Queensland. Crowns are also visible on police and military badges. The Queen's Birthday is observed as a public holiday in all states.

"God Save the Queen" is Australia's Royal Anthem. Due to a contemporaneous mistake in the Government Gazette, it is sometimes thought that the Royal Anthem can only be played in the presence of the Queen. The official Vice-Regal Proclamation, however, makes no such order, meaning the Anthem may be played by Australians to commemorate any occasion. In addition to 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.[30] The Vice-Regal Salute, played only for the Governor-General and each state Governor, is the first four and last four bars of "Advance Australia Fair".

There are also hundreds of places named after Australian monarchs and members of the Royal Family. The states of Queensland and Victoria were named after Queen Victoria; Adelaide, the capital of South Australia is named after Queen Adelaide, the consort of William IV; the township of Elizabeth, also in South Australia, is named after the present sovereign. Numerous streets, squares, parks and buildings are also named in honour of past or present members of the Royal Family.

[edit] Royal presence

See also Royal Visits before 1901 and Federation in the History section, below.

The Queen has toured 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. These tours are at the invitation of, organised, and paid for by the Australian Government, a State Government, or a combination of both; hence, they are called official tours or official visits.[31]

[edit] Religious role

Neither the Queen, the Governor-General, nor any State Governor has any religious role in Australia. There has never been an established church in Australia, either before or since Federation in 1901. Pursuant to the Australian Constitution the Commonwealth may not enact a law establishing or prohibiting the free exercise of religion. [32] 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.

[edit] Vice-regal Residences

The Governor-General's official residence is Government House, commonly known as "Yarralumla", in the city of Canberra. The Australian monarch stays there when visiting the country as do some other visiting heads of state.[33] Government House is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Another vice-regal residence is Admiralty House, in Sydney, and is used principally as a retreat for the Governor-General. The states of Victoria, Western Australia, Queensland, Tasmania, and South Australia also maintain residences, used by the respective Governors, though the monarch or other members of the Royal Family will stay there when in the state. These residences are the property of the federal and state governments.

[edit] The Crown and the Australian Defence Force

Royal Australian Air Force Badge
Royal Australian Air Force Badge

The Crown has a 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.[34]

Australian naval vessels bear the prefix Her Majesty's Australian Ship (HMAS). Many regiments and corps in the army are "royal regiments".

Members of the Royal Family have presided over 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. [1]

Some members of the Royal Family are Colonels-in-Chief of 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, 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.

[edit] History

The Australian monarchy's history stretches back to the initial settlements of the territory in 1770, when Captain James Cook, in the name of and under instruction from King George III, claimed the east coast of Australia.[35] Colonies were soon after founded across the continent,[36][37] and were then federated into one self-governing colony, later Dominion, of the British Empire,[38][35] with the granting of Royal Assent to the Commonwealth of Australia Constitution Act by Queen Victoria on July 9, 1900.

The country emerged as a sovereign kingdom with the passage of the Statute of Westminster in 1931, the effectiveness of which was demonstrated in the abdication of King Edward VIII as King of Australia and all the other Commonwealth realms in 1936. However, the states retained constitutional links to the United Kingdom, technically being under the sovereignty of the monarch of the UK and not the monarch of Australia, until Queen Elizabeth II granted Royal Assent to the Australia Act in 1986.

Though in 1999 a referendum on whether or not Australia should become a republic was held after approximately a decade of discussion on the matter, the motion was defeated by 54.4% of the populace. When Prime Minister Kevin Rudd (Labor) assumed office in 2007, he stated that the republic was not a priority for his first term. He did affirm that it formed part of the Labor policy platform.During a visit to Britain in April 2008 he stated his belief that the republican debate should continue.[39] During the weekend of the 19/20 April a meeting of various 'elite' members of Australian society met in Canberra to come up with ideas for Australia's future. This has become known as the Australia 2020 Summit.The idea of a republic was floated again. [40]

[edit] See also

[edit] Other realms

[edit] Australia

[edit] Other

[edit] Footnotes

  1. ^ Governor-General of the Commonwealth of Australia: Letters Patent Relating to the Office of Governor-General of the Commonwealth of Australia
  2. ^ Governor-General of the Commonwealth of Australia: Amendment of Letters Patent
  3. ^ Buckingham Palace: Australia: The Queen's Role in Australia
  4. ^ Crafting a Model Constitution – Monarchy or Republic?. Foundation for National Renewal (3 May 2006). Retrieved on 2008-02-03.
  5. ^ Australia Act 1986 (Cth) s 7
  6. ^ Craig, John; Australian Politics: A Source Book; second ed.; p.43
  7. ^ W.J. Hudson and M.P. Sharp, Australian Independence, pp. 4, 90
  8. ^ E.M. Andrews, The ANZAC Illusion, p.21
  9. ^ Blackshield, Tony and Williams, George Australian Constitutional Law and Theory (2nd edn 1998) p 143
  10. ^ David Smith, Head of State, Macleay Press 2005, p.24
  11. ^ Statute of Westminster 1931 (c. 4) s. 4; cf McInn, W.G.; A Constitutional History of Australia; p.152
  12. ^ Statute of Westminster Adoption Act 1942 (Cth) s 3 Craig, John; Australian Politics: A Source Book; p.43
  13. ^ The Preamble to the Australian Constitution, for example, states that the colonies 'have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland'.
  14. ^ Moreover, the Schedule of the Constitution sets forth the Oath of Allegiance and states it is to be sworn to 'the King or Queen of the United Kingdom of Great Britain and Ireland.'
  15. ^ Craig; p.43
  16. ^ Chipp, Don; An Individual View; p.144
  17. ^ Whittington, Don; The Liberal Party and the Monarchy; in: Geoffrey Dutton (ed.) Australia and the Monarchy: A Symposium; Sun Books, Melbourne; c.1966; p.145
  18. ^ 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.
  19. ^ P. E. Corbett (1940). "The Status of the British Commonwealth in International Law". The University of Toronto Law Journal 3 (2): 348–359. doi:10.2307/824318. 
  20. ^ F. R. Scott (January 1944). "The End of Dominion Status". The American Journal of International Law 38: 34–49. doi:10.2307/2192530. 
  21. ^ R v Foreign Secretary; Ex parte Indian Association, (1982) 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
  22. ^ 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, (1982) 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
  23. ^ 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."
  24. ^ Governor-General's role. Governor-General of the Commonwealth of Australia: official web site of the Governor-General. Retrieved on 2008-04-14.
  25. ^ Australian Constitution section 5
  26. ^ 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)
  27. ^ Australian Constitution s 59
  28. ^ Schedule to the Australian Constitution
  29. ^ Shears, Richard. "Australia's new PM is sworn in – but refuses to swear allegiance to the Queen", The Daily Mail, Associated Newspapers Ltd, 4 December 2007. 
  30. ^ Commonwealth of Australia Gazette; No. S 142; 19 April 1984
  31. ^ Buckingham Palace: Guidelines and Procedures for the Acceptance, Classification, Retention and Disposal of Gifts to Members of the Royal Family
  32. ^ Australian Constitution s 116
  33. ^ Government House. The Australiana Fund. Retrieved on 2008-04-14.
  34. ^ Raspal Khosa (2004). Australian Defence Almanac 2004-05. Australian Strategic Policy Institute, Canberra. Page 4.
  35. ^ a b Queen and Commonwealth: Australia: History
  36. ^ Day, D; Claiming a Continent; Harper Collins, 1997; p.38
  37. ^ B. Hunter (ed) The Stateman's Year Book, MacMillan Press, p.102 ff.
  38. ^ "The Commonwealth shall be taken to be a self-governing colony", Commonwealth of Australia Constitution Act
  39. ^ Kevin Rudd reaffirms support for republic | PerthNow
  40. ^ Rudd talks regulation and republic

[edit] References

  1. ^  National Archives of Australia: King George VI (1936–52)
  2. ^ National Museum of Australia: Royal Romance
  3. ^  National Archives of Australia: Royal Visit 1954
  4. ^  National Archives of Australia: Royal Visit 1963
  5. ^  National Archives of Australia: Prince Charles
  6. ^  Australian Government: Royal Visits to Australia
  7. ^  National Archives of Australia: Royalty and Australian Society
  8. ^  Yahoo News: Prince Edward to visit Vic fire victims
  9. ^  ABC News: Royal couple set for busy Aust schedule
  10. ^  Queen, Howard honour war dead
  11. ^  World leaders hail D-Day veterans

[edit] External links