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The Summit's 'wild ride'

By George Williams - posted Wednesday, 7 May 2008


While the group ultimately agreed by a majority that there should be a national process to ask Australians their view and that a charter of rights is desirable, little time was left to debate the republic process.

The group agreed that the republic debate should be community driven and should lead to a model having the stamp of popular ownership. However, there was uncertainty about the mechanics of how to achieve this and little time to resolve it. On the Saturday the group said that the republic should be tested at two referendums, with the first vote merely to make the transition to a republic by severing links with the crown, and a second to fill in larger details like how to appoint a president.

The next morning the group changed tack. Conservative republican Greg Craven and I argued instead for a plebiscite, a national indicative vote, on whether Australia should become a republic. If successful, this would be followed by a single referendum on a particular model to change the Constitution.

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This provided only the bare bones of a way forward and left much unsaid. It was the best that could be agreed in the ten minutes we had to deal with the question.

Although a plebiscite and referendum is the right way forward, the Summit did not put forward a timeline for the move. Nor did it set out a proper process to ensure that people have their say in the lead up to the plebiscite and then on which model should be put to any referendum. From the very beginning, the community must have the main say in shaping the process and outcome, lest the idea of a “politicians’ republic” again take root and undermine the whole endeavour.

If a plebiscite is successful there should be major intervening step between it and the referendum. This would decide the model to go to the people. I favour a representative drafting convention to meet on and off over a period of months. There would be winners and losers in this process when it comes to choosing the final model.

It is crucial that a fair process has given those whose model does not make the cut the best chance to put their case. We must not repeat the flawed ten-day 1998 republican convention. It debated the key issues so quickly that many people who lost out became bitter and were recruited by the “no” case.

The Summit was geared to produce big ideas like the republic. Unfortunately, some smaller ideas got lost along the way. These included reforming donations to political parties and many sensible parliamentary reforms.

It also included my proposal that a new preamble, or opening set of words, to the Australian Constitution should be put to a national competition. This could capture the public imagination like the 1901 competition to design the Australian flag which attracted over 32,000 entries. The competition would start up a conversation in schools and around the country about the values and the principles that bind us together.

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Despite its flaws, the Summit was a great success. It was an important event in our history because it marked a break from the usual suspects and the normally narrow confines of Australian political debate. Even though the attendees included the Prime Minster, his cabinet colleagues, premiers and opposition leaders, the politicians were often the quietest people in the room.

My hope is that the Summit is only the beginning of more national conversations about how we are governed and the country we aspire to be in the future. I would like to see governments hold more ideas summits, though not too soon, and certainly taking account of the lessons from this time round.

We should also hold a constitutional convention every ten years, or half-generation, so that engaging with our system of government and its problems is a regular, expected part of our public life.

Above all, the Summit was an experiment in a new way of doing politics in Australia. It was about opening up a window to different voices and to the randomness of what a thousand Australians could come up with over a weekend. It was a wild ride.

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First published in The Canberra Times on April 26, 2008.



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About the Author

George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

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