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At times like these we should be grateful for our Constitution

By John de Meyrick - posted Thursday, 7 July 2016


Thus the general powers of a monarch are reduced and limited, yet the most important power of all (being part of what is referred to as the “reserve powers”) is retained within the role of head of state, whilst at any time the people become dissatisfied with the monarch, either in it attempting to interfere with government or its functions, they have the constitutional right to deny such excesses and, if necessary, to replace the monarch. (The last monarch who attempted to interfere with a government measure was Queen Anne in 1707.)

In addition to, and as part of, these reserve powers, the monarch – and our Governor-General as the Queen’s representative in Australia – has a number of prerogative powers and functions which are exercised on the advice of the Prime Minister (eg, proroguing parliamentary sessions, passing bills into law, appointing ministers, approving and ordering of elections).

Let’s hope the months to come do not lead us into the kind of chaos that was experienced in 1975 with the dismissal of the Whitlam Government (the circumstances of which were largely due to the politicised role of the then Governor-General). But if the democratic process begins to falter and stalemate sets in, then we have a ‘crisis-breaker’ to sort out the mess and hopefully return the country to normality.

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Just as in 1975 with all its intrigue, disruption and uncertainty, and whether or not we agree with the outcome or the way it transpired, thanks to the ‘crisis-breaker’ aspects of our Constitution we did not end up with a military takeover, a dictator and an oppressive regime.

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Note: The nature and extent of the “reserve powers” are discussed at length in an excellent published lecture by Prof Anne Twomey to be found on-line under the title, “The Unrecognised Reserve Powers”.



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About the Author

John de Meyrick is a barrister (ret’d), lecturer and writer on legal affairs.

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