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Republican virtues: Truth, leadership and responsibility.

Published on: September 05, 2012

The George Winterton Lecture 2012
University of Western Australia

Tonight‟s lecture honours the memory of a most virtuous republican, our friend George Winterton, who despite the inestimable love and prayers of his wife, Rosalind, died in 2008 at the far too young age of 61.

My topic for this lecture is “Republican virtues – truth, leadership and responsibility.”

I will weave together a little about the republican debate in which George and I were generally comrades in arms (although at times comrades at arms length) with some reflections on the decline of the news media, the not unrelated coarsening in the dialogue between politicians and those who elect them about choices and challenges we face as a community, and the resulting dismay with which far too many Australians currently view their parliaments.

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The visitor to Washington DC is quickly reminded that the founders of the American Republic were fascinated, intoxicated perhaps, with another republic, Rome.

Jefferson, entranced with a Roman temple in Nimes writes to his friend Madame de Tesse. “Here I am madam gazing whole hours at the maison quaree like a lover at his mistress.”

But it was not just the architecture of Rome that inspired the founders. Rejecting the British monarchy which oppressed them, and apprehensive of unbridled democracy, they appealed to the example of the noble Romans, the republican Romans, Cincinnatus, Fabius, Cato – men who had selflessly served the state and defended the rights of the people against tyranny just as the Pilgrims had opposed the established church.

Although separated by two thousand years, but very much alive in the libraries of New England, Puritans and Romans fused in the American imagination as a republic of virtue.

The American revolutionaries, common lawyers after all, reached back to a lost republic just as they were creating a brave new world of their own.

We will not linger tonight to debate again which virtues were republican or how they could be reflected in a constitution or whether, indeed, Jefferson was right in equating republican virtue with free farmers whose sturdy arcadian independence he contrasted with the wage slaves of the factories and emporiums of the city.

But there were some virtues all agreed on – selfless service of the republic, equality before the law and a responsibility on all statesmen to tell the truth and to enlighten, not dupe or deceive, the people.

Jefferson‟s greatest monument, apart from the republic itself, is the University of Virginia and there inscribed is an article of his republican faith.

“Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day.”[1]

A realist, nonetheless, he went on in the same letter:

“I do not with some enthusiasts, believe that the human condition will ever advance to such a state of perfection as that there shall no longer pain or vice in the world, yet I believe it susceptible of much improvement, and, most of all, in matters of government and religion; and that the diffusion of knowledge among the people is to be the instrument by which it is to be effected.”

I wonder what he would have thought, nearly two hundred years later, that 46% of Americans believe in creationism – that is to say that God created human beings pretty much in their present form at one time within the last ten thousand years. Or indeed that 17% believe Barack Obama to be a muslim.[2]

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George was one of our finest constitutional scholars. I had the great honour of working closely with him in 1993 as we drafted together the report of the Republic Advisory Committee which had been established in that year by Paul Keating to set out the various options open to Australia were it to decide to replace the Queen as our head of state with an Australian citizen chosen by Australians.

This of necessity required a very careful consideration of the reserve powers. George was not a believer in codifying the reserve powers of the Governor–General (or president in an Australian republic) and that of course was one reason why he did not support a popularly elected President.

After all, if you read the Australian Constitution literally and in isolation, the Governor General seems a very potent chief executive subject only to the direction of the Queen. The limits on the Queen‟s, and her representative‟s, power are contained in the unwritten conventions of parliamentary government. Their content is, for the most part, well understood and agreed at least in political and legal circles, but there is, as we saw in 1975, disagreement around the limits of that power – disagreement still unresolved.

In 1993 I felt that if we were to conscientiously examine the option of a directly elected Australian President we should illustrate how the reserve powers might be codified, if only to underscore the formidable challenges involved.

George could be a littlestubborn, but it was due more to his good nature than my charm, that he agreed to work with me on this exercise and we did so. If Australians do seriously contemplate directly electing their head of state I am confident that our joint work of nearly twenty years ago will be at least the first draft of the codification required.

Of course the crux of the problem of codifying the reserve powers is the power of the Senate. The easiest solution would be to remove the Senate‟s power to reject supply – as was done with the House of Lords after the crisis of 1911. That would considerably reduce the circumstances in which a President might remove the commission of a Prime Minister. Another, originally suggested by Sir Charles Court in 1977, would be to provide that if the Senate did persist in rejecting Supply there would be an automatic double dissolution.
The former approach would hardly be supported by those who cherish a powerful Senate and the latter would be seen as making rejections of Supply and early elections regular, if not frequent.

As I have reflected on this lecture, and our old friend George, I have necessarily recalled the days of the republican debate – the battles leading up to the Convention, the three cornered struggle between republicans like myself and George who favoured a bi-partisan parliamentary mode of appointment, republicans like Ted Mack and Clem Jones who favoured direct election, and of course the monarchists who delightedly, if cynically, exploited the division by promising the direct electionists that if the parliamentary model was defeated at a referendum they could have another another referendum on a direct election model within a few years.

John Howard, I recall, did qualify that by saying the subsequent referendum would not be within twelve months.

A few days before the vote, 57% of voters believed that another referendum with a direct election model is either very or quite likely in the near future. Only 36% believed it was not likely and thirteen years later their judgement has been confirmed.

Direct election was, I suppose, the rock on which the campaign foundered. But it foundered in a sea of misunderstanding.

Support for direct election was largely based on a distrust of politicians. Our opponents exploited this. They called the referendum model “the politicians‟ republic” and again and again exclaimed “you can‟t trust politicians.” Their most effective slogan – was “if you want to elect the President vote No to the politicians‟ republic.”

But, as Peter Costello, observed at the time – if you can‟t trust politicians to choose a non-executive, ceremonial head of state, why pray tell, do you trust them to declare war, levy tax, make laws, build your roads, hospitals, schools and railways not to speak of setting your pensions and medical benefits.

And while it was always possible (but most unlikely) that a President chosen by a bi-partisan majority of the Parliament would be a politician, there was nothing more certain than that any President chosen by popular vote would be a politician; as Neville Wran used to say, if they weren‟t a politician when they nominated, they would certainly be one by the time they were elected.

A few weeks before the referendum there was a deliberative poll, really a giant focus group, held at Old Parliament House. 350 Australians carefully selected to be a representative sample of the nation were assembled to discuss the republic issue. The protagonists in the debate were invited to speak and be questioned and the participants had plenty of time over several days to discuss the matter in groups by themselves.

The shifts in opinion that unfolded were remarkable: At the outset of the event, 53 per cent said they intended to vote Yes. By its conclusion this had increased to 73 per cent. At the outset 50 per cent supported direct election, versus only 20 per cent for appointment by parliament.

By the close, support for direct election had dwindled to 19 per cent – three out of every five delegates with an initial preference for it had changed their mind – and backing for parliamentary appointment had tripled to 61 per cent.

These results, by the way, were mirrored in every private focus group we conducted.

And therein lies the flaw in the proposition that a direct election model will see the republic triumphant. So long as Australians expect the President to be a non-political figure like the Governor General, the case against direct election will be a compelling one.

If, on the other hand, support were ever to develop for a President with real executive power, like an American or French president, then direct election makes perfect sense.

A directly elected President in an Australian constitutional setting need not in practice always become a rival source of political power and influence to the Prime Minister. And I am not depending on a codified set of powers such as those George and I outlined in saying that.

Because even a constitutionally neutered but directly elected president would have access to a bully pulpit of unique prestige and authority, reflecting their status as the only public official everyone in Australia had a chance to vote for, and refreshingly free of the complications and responsibility of actual power.

Think of a shock jock perhaps – but with credibility – and more butlers.

In practice, if the first few directly elected presidents performed the duties of their office soberly and impartially, and eschewed populist demagoguery, then I believe the presidency could evolve into a constitutionally functional institution in line with most views of what is needed. The office would be defined by its early occupants, especially the first.

But don‟t be misled: direct election is no more a silver bullet now than it was in 1999. It is just that it may be the only bullet in the republican arsenal.

It is now nearly thirteen years since the republic referendum was defeated. Those republicans who voted No expecting another vote in a few years, this time on their preferred model, should reflect on how comprehensively they were deceived by the trickery of their opponents and their own self-delusions, in equal measure.

George and I both believed it was our duty to inform the Australian people about the Constitution of today and the consequences of any change. We saw our task as being above all educational and assumed that once people understood what was at issue, a majority would support the most sensible model for change. The deliberative poll seemed to provide backing for our faith in the good sense of Australians.

There were many factors contributing to the failure of the republican referendum not least of which was the near impossibility of amending the Constitution. Because of compulsory voting thousands, if not millions of people, with no interest in and hence no understanding of the question at hand are forced to the polls. If you don‟t know, you are far more likely to vote No This is why, as Daryl Williams observed at the Constitutional Convention in 1998, for a referendum to succeed it not only needs strong bi-partisan support but almost no opposition. And if you reflect on our constitutional history, the last even mildly controversial amendment which was carried was in 1946.

But we came close – a 45% yes vote – and may well have won if there had not been such widespread misunderstanding of the consequence of direct election, of its incompatibility with a non-executive, non-political head of state, and if there had not been such successful and utterly dishonest misinformation promoted by our opponents that if the 1999 referendum were defeated there would be another one, on a direct election model within a few years.

Misapprehension and misinformation stand in the way of democracy as resolutely as they did in Jefferson‟s day.

In 1999 I said that the next republican referendum is unlikely to occur before the end of the Queen‟s reign and I hold to that view. This issue is a largely symbolic one, it lacks the urgency of all the other political questions that beset us. And so timing is critical. The lead up to the Centenary of federation was a good time to reflect on, and if agreed, to amend our Constitution.

The next big watershed will be the end of the Elizabethan era.

Some say that the celebrity appeal of Will and Kate will sweep all before it. I am not so sure. Their beauty and charm may be formidable – but is that enough to justify retaining a foreign monarch as our head of state? Given the longevity of the Windsor women I imagine there are only a handful of people in this audience who could confidently say they will be around to find out.

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A DETERIORATING POLITICAL DISCOURSE

In the crowded and chaotic arena of public life, it was hard to have a rational and informed debate about the republic back then. It‟s even harder now.

There is almost nothing more important to good government and our nation‟s future than the quality, honesty and clarity of political discourse: how we explain policy challenges and trade-offs, and educate voters about the constraints we have to work within…how we express our position, our basis for reaching it and why it differs from that of our opponents if this is the case…how we communicate changes in policy and their implications.

Yet paradoxically, there is almost nowhere else in our national life where the incentives to be untruthful or to purposefully mislead are so great, and the adverse consequences of such behaviour so modest.

A lawyer who misrepresents the evidence will sooner or later be found out and may also be thrown out, perhaps for good. The consequences for business people who misrepresent their financial results, fail to disclose material events or make false claims about their wares can be extremely severe – plenty, some of them very well-known, have spent time in prison. .

Blatant misrepresentations, exaggerations or outright lies in politics should in theory be easily revealed. After all, we should face scrutiny from every quarter: from the well-informed and politically-engaged public; from alert and energetic MPs determined to hold the other side to account, or at least humiliate them; from the eagle eyed members of the press gallery and perhaps most searchingly, from the commercial interests and other stakeholders affected by a given policy.

This in a way is how our adversarial system of justice works – counsel for each side put the best gloss on their client‟s case and expose weaknesses in their rival‟s argument. An impartial judge weighs it all up and comes to a ruling.

However, whatever the merits of the adversarial system in legal disputes, many, if not most Australians, believe it is not working effectively in our political system. Important issues are being overlooked, barely discussed and where they are, routinely misrepresented.

I am not suggesting politicians are innately less accurate or truthful than anyone else. But rather that the system is not constraining, in fact it is all too often rewarding, spin, exaggeration, misstatements.

Should we be concerned about this? Hasn‟t it always been thus? Doesn‟t every age complain about its politics (as it does about the young) and compare it a mythical golden age in years past? Have we become so despairing of our public discourse that we no longer expect that it should be civil and honest; respecting, not insulting, the intelligence of the Australian people.

There is some truth in all of that.

COMPLEX PROBLEMS, DAUNTING CHOICES

We all want to maintain Australia as a sophisticated high wage economy with a generous social safety net and excellent healthcare. We all want an education sector that provides choice, the skills needed by employers, and the greatest possible opportunities for the least advantaged (including the disabled). We all want a clean environment and sustainable, liveable, lively communities.

So this is a particularly perilous time for a deficit in either policy ambition and vision or public trust in the motives and abilities of their leaders.
Because the combination of challenges we currently confront and need to find answers for if we are to preserve the Australia we all want are more complex and long-term, harder to untangle and isolate, less tractable to proven policies or existing technologies, more costly, more easily misrepresented by sectional interests or populists, and potentially more problematic for our current way of life and perhaps our existence, than any previous set of challenges facing modern societies.

Let us consider some of the most important: Commodity prices are heading south and we‟ve probably seen the best of the resources boom – but haven‟t bothered to save a single cent. In fact Labor has committed cyclical windfalls previously forecast to accrue over the next decade (but now unlikely to meet forecasts or perhaps even arise at all) to permanent increases in outlays. . A rebalancing of the Chinese economy from investment to consumption is underway and will benefit the rest of the global economy by curbing huge and destabilising current account surpluses. But that is not helpful for Australia unless we can develop competitive advantages beyond iron ore, metallurgical coal and energy.

The cost of doing business in Australia is much less competitive, as Marius Kloppers reminded us as he shelved BHP‟s $30 billion Olympic Dam project tendays ago and it is not just higher wages. New taxes, overlapping or conflicting regulations, less flexible labour markets and increased union power to interfere all add further to costs. Over the past decade growth in Australia‟s total factor productivity declined sharply – income gains were almost all driven by more favourable terms of trade, which are now partially unwinding. Overlaying these cyclical developments is a vast secular demographic shift as our society ages. Yet our health and social safety nets were conceived at a time when men retired at 65 and were dead soon after (with their widows not long behind). Another vast secular trend is a more competitive and integrated global economy than ever before. Convergence (or catch-up growth) in developing economies, more open markets and better communications mean more (and more sophisticated) products and services can be delivered from what remain lower wage, but are no longer lesser skilled, economies. These structural changes are accelerated and amplified by technology; we are not only in a race with the so-called developing world, but against the machine. Every new factory, every new system requires fewer workers.

And that is before we even start talking about the environment!

Politicians and shock jocks, scientists and coal barons, all of them can argue for as long as they like, but they cannot change physical reality.

The reason our planet is not a frozen chunk of ice is heat trapped by greenhouse gases in our atmosphere. Increasing the amount of those gases will necessarily over time cause the earth to warm.

I won‟t linger on climate change – the hopeless, confused, hyper-partisan nature of the debate is too well known to rehearse. But there was irony aplenty in Tampa last week when the first day of the Republican Convention was cancelled because of a cyclone, even as the extent of Arctic sea ice fell to its lowest area since satellite measurements began and the worst American drought in more than 50 years sent corn and wheat prices soaring.

Regardless of whether we look at the daunting long-term task of mitigating and adapting to climate change, medium-term challenges such as the fiscal costs of an ageing society and the need to reverse a decline since 2000 in the relative performance of Australian schools, or near-term imperatives to lift productivity growth, restore competitiveness and adjust to structural change, it should be abundantly clear we can‟t take our prosperity for granted.

THE URGENT NEED FOR HONESTY

How often do we hear Australian politicians discuss these challenges in a genuinely open, honest, spin-free and non-adversarial way? Where the intention is to clearly explain the problem, accept responsibility for past misteps if appropriate (rather than apportion as much blame as possible to the other side), allow a non-ideological discussion of possible remedies, and see if there is any common ground for bipartisan work?

Seldom, and even more rarely if a camera is rolling.

Most Australians believe we need an honest, informed policy debate. Yet I don‟t see many people who believe we have that. Instead, we all hear again and again that Australians are ashamed of the parliament, that they see it as nothing more than a forum for abuse, catcalling and spin.

There are reasons for this view. Question Time, Parliament’s most visible ritual, is one. If you love your country, have an interest in politics or policy, and care deeply about our nation’s future, there is nothing more certain to arouse your fury and invite your contempt than listening to an entire House of Representatives Question Time.

Normally this is doubly the case if the party you favour is in opposition; Governments tend to wield the advantages they have in Question Time with the subtlety that Trotsky‟s assasin wielded his ice pick. There is a reason it is called Question Time and not Answer Time.

In truth there is much more to Parliament than gladiatorial conflict. Most politicians in fact do work effectively with their opponents at various points: on committees, on specific issues where individuals from different parties share a view or an objective, or in Parliament‟s many groups focused on particular segments of the community, worthy causes or other shared interests.

And there are many areas of public policy where the two major party groupings are closer than their rhetoric might indicate, although this is much less true now than prior to Labor‟s post-1996 repudiation of the economic liberalism and market reforms of the Hawke-Keating era (many of which were supported by the then Coalition opposition).

The journalists of Australia, the media, play as important a role in our democracy as any elected representative. But their numbers are dwindling fast and the media‟s capacity to report on, let alone hold to account, governments and oppositions is diminishing.

The truth is that the foundations of journalism, of reporting, have been for many years the newspapers, especially the big metropolitan papers. They have had the revenues and the space to cover the field and they created the agenda from which television and radio selected the handful of stories and issues they would follow up.

But the arrival of the Internet has changed all that. Around the developed world, newspapers are in dramatic decline. Hundreds of journalists at Fairfax and News Ltd are being laid off as revenues bleed away to the more cost effective digital platforms of search. John Fairfax Group, for example, for more than 150 years enjoying the classifieds‟ rivers of gold has seen its share price decline from $6.00 to less than 50 cents.

The newsroom at the Sydney Morning Herald in Sydney is, I am advised, now less than one half of what it was a decade ago. Every aspect of it, and every other newspaper‟s, reporting is being cut back. There simply aren‟t the revenues to sustain it. Ironically the journalists who remain are read by more people than ever before – courtesy of the Internet, but while there are some revenues from the online editions, they are losing print dollars in exchange for digital dimes if not nickels.

What this means is that there are fewer journalists with less space to write about public policy, to investigate wrongdoing, to hold politicians to account for their misrepresentation. There are just as many political foxes, but a lot less journalistic hounds to keep an eye on them.
As they endeavour to make do with fewer resources, newspapers and other media as well resort to more and more commentary and opinion. An opinionated columnist costs less than a team of news reporters. It is so much easier to put one slanted opinion up against another than to investigate and objectively report on the facts of the matter.

Increasingly too the journalists who cover politics are drawn into the game – often praising politicians for their skilful use of spin, their cunning ability to avoid a difficult question or their brutal ability to misrepresent and destroy their opponent‟s arguments. Commenting on the play takes a lot less time than painstakingly pointing out where the spin has misrepresented an issue.

At the same time, the dramatic expansion of channels or platforms for news means that increasingly news services are narrowcasting to like minded viewers instead of trying to reach the whole community. Fox News in the United States is an example of how commercially successful that strategy can be as are some of the shock jocks in Australia.

In my view, all of this requires politicians to be especially careful to remember our responsibility to explain the big issues of our time. Dumbing down complex issues into sound bites, misrepresenting your or your opponent‟s policy does not respect “Struggle Street”, it treats its residents with contempt. It is the opposite of the Jeffersonian ideal.

Call me idealistic if you like, but we have a greater need than ever for informed and honest debate and, yet, with the decline of journalism less means to deliver it and hold to account those who seek to frustrate it.

So what can be done? Well for a start all of us can consciously do a better job at explaining issues. Shouldn‟t one key benchmark for politicians be: have we made an issue clearer and the complex comprehensible? We all want “cut through” messages- howe about cutting through with clarity, rather than with spin?

And while newspapers are shrinking think tanks seem to be expanding – wouldn‟t it be great if some of those public intellects actually held politicians like me to account, pointing out where we had exaggerated or misled. Public fact checking would raise the quality of debate.
In this environment our public broadcasters have an even heavier responsibility to be objective, balanced and comprehensive in their news coverage – it may not be long before the largest employer of journalists in Australia is our ABC.

The ABC enjoys a very high level of trust in the Australian community – much higher than in politicians or bishops I saw recently3 -and as the rest of the news media decline, they will have to work harder and harder to retain it.

But let us return to Question Time.

In our Parliament every sitting day has a question time in which most of the questions are asked of the Prime Minister. For the last two years the questions from the Opposition have been almost entirely focussed on people smuggling and the carbon tax.

Are they really the only important issues facing Australia? A regular viewer of Question Time would be excused for thinking they were.
This is not a criticism of Tony Abbott or Julia Gillard– there was a concentration of themes when I was Leader and Kevin Rudd was Prime Minister– it is a consequence of having the Prime Minister the focus of question time every single day. And while other issues and departments are debated in other parts of the parliamentary day, Question Time is prime time and for most Australians the only part of parliament they are likely to watch.

In Britain’s House of Commons the Prime Minister takes questions for half an hour every Wednesday but on Monday, Tuesday and Thursday question time deals, by turn, with one of the other departments.

So this week, Monday was Education, Tuesday Foreign and Commonwealth Office, Wednesday (in the half hour before the Prime Minister‟s questions) it was the Cabinet Office and on Thursday it will be Business Innovation and Skills. Each department gets a turn in the days that follow and they get back to Education on 29 October.

Now I don‟t think the Prime Minister of Great Britain is any less accountable than our own, but what I do know is that under their system instead of having the same questions and answers every day a range of different issues and different departments are held to account.
If we were to do that, or some variant thereof Question Time might actually serve to hold the whole of the Government to account and enlighten the public as to what is going on in all those other departments that are not concerned with carbon tax and people smuggling.
It would also give backbenchers a chance to ask questions about the issues that concern their electorates.

Let me turn now to the question of trust and truth in politics. And first let us define a few concepts.

Calling someone a liar is unparliamentary language and those who do so are generally called upon to withdraw it, the idea being that if you want to accuse someone of telling a lie you should move a substantive censure motion and debate it properly.

Despite that standing order, the charge of “liar” is made more often in Parliament than in the most unruly school playground.

But when we say politicians are liars, what do we mean?

A lie is a false statement known to be false by the person who utters it. This may be a deliberate misstatement of face – “I did not have sex with that woman. Or it may be a false statement that the speaker has no basis for believing to be true: “Tony Abbott has a secret plan to reinstate Work Choices.”

A change of policy is not a lie. If a politician says “The best policy to promote innovation is ABC” and then comes to the view that it is in fact “XYZ” and says so, he is not telling a lie, he is changing his mind – unless of course he never believed ABC was the best policy in the first place.
Trust can also be shattered by a breach of an election promise,

Julia Gillard famously said “There will be no carbon tax under the Government I lead.” And then announced one a few months later.
A few days before the election as her numbers are falling away, in an effort to swing votes back, she says to the Australian people “Vote for me and there won‟t be a carbon tax.” There was offer and acceptance. The Australian people were asked to believe, and did believe, that they had struck a deal with the Prime Minister and, whatever you may think about the merits of the policy, she has welched on that deal.

It was entirely within Julia Gillard’s power to honour that pledge. Nothing made her impose a carbon tax. It was an entirely voluntary breach of contract and her poll ratings are a direct consequence of it.

A politician who mistakenly misstates the facts, often than because he or she has been misinformed, is not lying, they may be careless of course, and more of us who do get a fact or a number wrong should acknowledge that.

I remember Kevin Rudd as Prime Minister was very reluctant to admit that he had made a misstatement – no matter how trivial. By contrast John Howard would often jump up at the end or after Question Time to correct a statistic or a date he had previously mentioned in an answer.
No one is right all the time, admitting a mistake is a sign of strength not weakness.

Now I don‟t have any silver bullet to make us politicians more accurate or more likely to keep our promises.

But we can make it easier to earn and keep the people‟s trust. We should be much more careful about raising false expectations – whether on what we can do or what our opponents will do.

Remember the way Kevin Rudd and Wayne Swan created the impression that John Howard was responsible for rising supermarket prices and under their Government prices would either fall or stop rising. Then followed the low farce of Grocery Watch .

To his credit, Tony Abbott has said he is determined to make very few promises before the next election and only to make ones he knows he can keep.

When a promise is conditional on the funds being available to do it, that should be spelled out. The people respect that – they know in their own lives that you can‟t afford to do everything, so just be honest – „We will do XY and Z if we have the funds available. At the present time it appears we do have those funds, but if it turns out we do not then we may only be able to do X and Y.” Most people would say “Fair enough.”
And we can waste less time on tedious “gotcha” moments when an opponent‟s phrase is taken out of context and used utterly to misrepresent his position. A recent egregious example is when Tony Abbott, far from proposing cuts in funding to government schools, observed no more than the fact that students from similar socio economic backgrounds at non-government schools receive less public funding, per capita, than do their counterparts in the government system.

An even worse example in the Presidential election is a Romney ad which shows President Obama saying “If we keep talking about the economy we are going to lose.” In fact what Obama had said in 2008 was “Senator McCain‟s campaign actually said, and I quote, “If we keep talking about the economy we are going to lose.” Challenged with this the the Romney campaign‟s pollster said “We are not going to let our campaign be dictated by fact checkers.”

Wayne Swan, for example, again and again would stand in the House and accuse the Coalition of opposing the guarantee for banks‟ wholesale borrowings. Yet far from opposing it, the legislation authorising it would never have been passed without the insistence of the Opposition. Again and again I, or other members, would correct him. I do not recall any newspaper taking him to task – he didn‟t care, he got the line up. [4]

In case you think my call for a change of attitude and practice to truth in politics is just idealism – let me make a practical political point. It seems to me that we don’t simply have a financial deficit, we have a deficit of trust. We can argue for hours which side and which politicians,which journalists indeed, have contributed most to it. But it affects all of us and all of our institutions.The politicians and parties that can demonstrate they can be trusted, that they will not insult the people with weasel words and spin, that they will not promise more than they can deliver, that they will not dishonestly misrepresent either their own or their opponents‟ policies – those politicians and parties will, I submit to you, deserve and receive electoral success.

And as Thomas Jefferson would remind us, truth and enlightenment are as thoroughly liberal values as they are republican virtues.

1 Letter to Count Pierre Samuel du Pont de Nemours April 24 1816
2 http://www.huffingtonpost.com/2012/05/10/belief-that-obama-is-musl_n_1506307.html (retrieved 4 Sept 2012)
3 http://essentialvision.com.au/trust-in-institutions-2
4 See Hansard 16 June, 18 August, 19 October 2009 among other occasions.

45 Responses to “Republican virtues: Truth, leadership and responsibility.”

Louise Brown says:

When are you going to challenge Tony Abbott to the leadership? There are a lot of people out here in voter land who would be waiting for hell to freeze over before voting for Tony Abbott.
We need a leader who has principles and is not merely reactionary and self serving.

Good luck!!

Yvonne Rothall says:

I completely agree Brad – this country needs, and is looking for, strong leadership; not self serving people who stand in front of a crowd and call themselves a ‘leader’

[...] I gave a speech called “Republican virtues: truth, leadership and responsibility” It is here on my [...]

[...] Turnbull made the comments in a wide-ranging speech on “Republican virtues” at the University of Western Australia last [...]

Bill Tarrant says:

And then, in reporting your speech, the SMH’s on-line front page has this:

“PHILLIP COOREY Malcolm Turnbull takes apparent swipe at Tony Abbott, saying there is an urgent need for honesty in politics. ”

Despair!

Dan says:

Thank you Malcolm. I used to be an avid political junkie, but I have become so sick of being treated like a five year old idiot that I do not listen anymore.

Start your own party…then I won’t have to donkey vote again.

[...] Republican virtues: Truth, leadership and responsibility. | Malcolm Turnbull MP. Share this:DiggStumbleUponEmailFacebookPrintRedditTwitterLike this:LikeBe the first to like this. This entry was posted in Uncategorized by rajcairns. Bookmark the permalink. [...]

John Bond says:

Turnbull arrogantly persisted with the two thirds of parliament model for a President and with it rode the Republican cause into the ground…..In this speak he supports waiting till the end or QE2s reign before reigniting Republican debate. He concluded almost tauntingly that “given the longevity of the Windsor women not many here today would be alive to see it…..He like Juliar Gillard are either totally disinterested in an Australian Republic or closet Monarchists

Dan says:

Excellent as always Malcolm.

Sam says:

The speech is another clear description of why it matters that the debate of public policy in Australia has become barren and another eloquent call for people to try to reverse the rot.

It occurs to me that a contributor to the dishonesty of our politics is the vertical fiscal imbalance of our Federation. While the Feds collect a lot more revenue than what’s required to fund their services and the opposite applies for the States, there’s scope for politicians to avoid being held accountable for their spending and taxing decisions.

Brigitte says:

I have also switched off the TV and news radio; I cannot listen to any more spin and deception. When a politician – when anyone – speaks the truth, it rings out like a clear bell. I am optimistic that at some time in the near future, simplicity and truth will win out.

Alec says:

This speech is good, but simply rejecting the Queen won’t make Australia res publica; we’ll still lack choice.

You ask why we trust politicians on war, tax, laws, roads, hospitals, schools, pensions. We don’t. We’ve never had a choice. What is the point of a new constitution that rejects the Queen if it doesn’t make the country any more democratic than it was under the monarch?

We should be able to directly elect each of the ministers and we should be able to make specific changes to the constitution ourselves using a wiki as the draft. A true republic involves the public continually, not simply when it is convenient to those in control, under terms written by those already in charge.

Alber says:

Excellent Malcolm! Someone who really cares for the decency and future of our parliamentary system. Pity we don’t get to vote for you.

Joy says:

I agree with Brigitte, I get fed up with lies and spin, and no longer watch TV news. Tony Abbot actually came out and said he would sell his own Rse to become PM. No wonder people despise him.
Come on Malcolm, we are all waiting for you to challenge him. Or as Dan said, start your own party, so we can all vote for you.

gabrianga says:

Correction. Tony Windsor alleged that Abbott would have sold his arse.

Spot the difference?

James says:

Thank you for your sincerity. Please keep fighting for truth.

Loz says:

Dear Malcom,
What you said regarding the state of Aus politics has hit the nail on the head. I understand you can speak out in the position you hold in the party at the moment but please for the sake of Gen X Y & Z please please please consider leading your party. There is only 1 person stopping me (and I’m sure many who hold similar views as I) from casting a vote for the Libs if an election was called tomorrow. Thanks, Grad Dip International Studies student and Gen Y voter.

Dave Bath says:

Very good, wide-ranging, and very necessary speech – much of it in line with the sort of things the inimitable Barry Jones has been saying recently.

And … what everyone else is saying … do what you can to ensure that we have a political party led by someone who thinks and acts this way.

[...] The Shadow Communications Minister’s comments also come as Turnbull has this week made a major speech discussing the need for what he referred to as “the urgent need for honesty” in Australian political discourse. “Most Australians believe we need an honest, informed policy debate. Yet I don’t see many people who believe we have that. Instead, we all hear again and again that Australians are ashamed of the parliament, that they see it as nothing more than a forum for abuse, catcalling and spin,” he said, delivering the annual George Winterton Lecture at the University of Western Australia. [...]

Mario says:

I have not read this in its entirety yet, and can’t wait to, but from the snippets quoted on the ABC News website, you are just far too intelligent to be in politics let alone lead the Libs. You would do greater things on the outer steering/mentoring young minds to a higher plane of thought than what the pollies do, in their pseudo/bastardized role model positions. If you DO start your own party you would, at least, be definitely swaying this lefty with giving you his vote

Stew says:

If it weren’t for the Liberal Parties policy on NBN I would be very tempted to vote liberal if Malcolm were the leader

gabrianga says:

Such a brilliant idea.Why doesn’t Malcolm form his own political party like the Bob Brown of old.

With so many followers and the thousands in the Labor ranks who “prefer”Malcolm he should win a bucketload of votes at a Federal Election.

Much better than the continous sniping from within the ranks which sometimes gives the impression that Malcolm is no more than another sore loser from Wentworth.

Charlie says:

Enlightened wonder? So why do you still hold yourself out as being in the Church?

Greg Warner says:

Well done Mr Turnbull.
The way I describe myself is as a Liberal Republican.
You of all our nation’s politicians best sum up my aspirations for my own sense of self and for what I believe to be the best path for Australia’s future.
With six grand daughters under the age of 15 years, two of whom live in your electorate, I take a long term view of this century and Australia’s place in it.
With the longevity inherent in the genes of the female side of my family if God is at least Compassionate, at least one of these girls will still be alive in the 22nd Century.
The only way Australia will be able to retain its prosperity and prosper further in the coming decades is by being totally responsible for its own future and place in the world.
The way is the Republic.
Within the necessary constraints you have outlined in this lecture regarding the powers of the President of Australia I believe the best solution now is a combination of Parliamentary and popular vote.
Any Party within the Federal Parliament holding more than 10 seats should be allowed to nominate two people for the position of President with each State and Territory also nominating two people, chosen by non-compulsory popular vote with nominating forms only available at Post Offices and strict proof of identity for the voter.
From this group of approximately 20 nominees, from all walks of life and all parts of Australia, a non-compulsory vote would elect that Australian the majority of us believe to be the best person to represent Australia’s values both at home and on the world stage.

Brad says:

A wonderful speech, Malcolm. I would love to see this level of intellectualism exercised in our parliament a lot more than it currently is. The next compelling argument you should make is for the leadership of your party ;)

gabrianga says:

Didn’t Malcolm try that already?

Joseph says:

Malcolm, a great speech as per usual. When will your collegues realise this country needs you to lead it. That poor excuse of a liberal leader must not take the keys to the lodge. We deserve better than that.

Brilliant! We need you to lead this nation, we need light. I am glad you are in politics as, Plato would say “Those who are too smart to engage in politics are punished by being governed by those who are dumber.”

ian hilliar says:

Dear TVURNVS, not being a republican, I dont agree with everything you said. Always considered you to have a great intellect, but oratory,rather than the logic of science, was always your mark. Some philosophers believe man has a god sized hole in his brain, but in this day and age a lot of us old athiests continue to pile junk science from the green religion of AGW into that hole. I think you fell into that trap 20 years ago, but your intellect wont let you admit to the mistake. Just humour me by actually checking out the latest science on climate change at WUWT, CO2science, Judth Curry’s climate etc and Jonova’s site, rather than relying on Tim Flannery and the IPPC. No, I dont class myself as a “public Intellectual”-they all write for the Monthly-but I am holding you to accountand pointing out where you have been misled. I am asking you to do yor own “public fact checking”

Brian Nicholls says:

A great speech Malcolm.For the sake of Australia, challenge for the leadership of the Coalition soon before we get too close to the next election. You may be amazed at how many people across all walks of life and the political spectrum are looking for the leadership they believe only you can provide.

gabrianga says:

Question for Brian Nicholls.

Wouldn’t Malcolm or one of his “many supporters” within the Party have organised a challenge before now…..if they thought he had the support of the Party?

tectonicshift says:

Seriously Malcolm, your ‘intellectual’ cry for more truth, honesty & leadership in government served once again as fodder for a main stream press attack on your Party loyalty.
Surely the sort of idealism you espouse in this speech, whether we want to admit it or not, is a stranger in the cut & thrust of contemporary politics. Governments stand or fall on the strength or failures of policies and the way in which those policies are executed.
Far be it that Opposition MP’s take their focus off failures & give their counterparts any latitude. Weaknesses must be stridently exploited, even if it means reminding them ad nauseum.
Incidentally, the public can spot a lie, which ever way it is spun. Broken promises are lies, tied up in pretty ribbons.
The two issues you suggested as being over exploited just happen to be those which will bring down this Govt. They are proving to be paramount in voting intentions. The Govt. would like nothing better than to see a distracted Opposition discuss Education, Health or the NBN. Why wouldn’t an Opposition wring every advantage from them.
The CO2 tax introduced after a broken promise is one which, without world participation, serve no purpose other than to increase energy costs, waste money on expensive green options, affect foreign competitiveness & create a global money churn.
The issue of economic oportunists being encouraged to migrate here since Howard’s Pacific solution was dismantled is not only a scandal but one which has every reason to be debated in the House. Ask the public.

That Question Time is a farce is true & one in which the Govt. must accept blame. I hope we never have to suffer the tragedy again of a having a Legislative comprising three of four individuals, not in the ALP, on whom the Govt. relies & by whom the entire Nation is held ransom. The people of Australia are the losers.

Politicians are criticised for not living in the real world. That world, I suggest is not an ideal one. It does happen to be one in which a watchful, ignored & impatient electorate resides.

Patrick says:

From the wearied state of QLD where the people are oft-regarded as illiterates and savages, know that at least one political enthusiast made skeptical over the years has smiled tiredly at your wonderful speech.

And a damn good speech it was. To discard the notions raised in it as sheer idealistic nonsense is to say that we as Australians should simply shrug our shoulders and accept our lot in life, that our politicians will never be held to account for that which has made us cynical of the realm of politics in its entirety. For what is life, then, if we cannot dream of something better than what we have? What are we, as a people, if all we can do is level criticism and snide insinuations about what should have been happening in the meantime?

It is rare for me to ever come comment on something on the internet, but so genuine and so important were the points raised in this address that I just have to, in some fashion, leave some vaguely anonymous mark of approval. Even a rare glimpse of centrist sanity in these tired, partisan times is an oasis.

Excellent speech once again….I agree that your forte is not in amongst the politicians but creating and developing policy in the public arena. Unfortunately politics is not the place for intelligent people like yourself….What’s more from the public forum you can influence greater change for the benefit of of our future generations : X, Y and Z. Keep up the good work! I am with you all the way!

Google says:

Google…

[...]very few internet sites that transpire to become comprehensive beneath, from our point of view are undoubtedly well worth checking out[...]…

Brian Sanaghan says:

Resign from the Liberal party. Go to the crossbenches and fight for the Republic from there.

Nola O'Malley says:

Thank heavens for somebody who can admit our system is broken. I have never voted Liberal in my life but I cannot see a way forward with the system as it is. Get rid of Tony Abbot and I will vote for you/

John Boyd says:

Would ther be any merit in having a standing committee on Constitutional matters ? I see the frustration of many people because the system is broken, and the impasse that occured at the republican referendum. We need a solution, or a method of obtaining a solution.

Terry Jones says:

A great speech Malcolm,

I agree totally with most of what you said.

I despair for the future of this country given the shallowness, spin and dishonesty of political debate amongst our so called representatives in government.

You are among a small minority of our political leadership who have the capacity and integrity to provide proper leadership in public policy debate.

The adversarial nature of Australian politics has become totally poisonous and dysfunctional.

Perhaps part of the problem also lies in two areas you have not addressed:

1. The fact that most politicians are now “professional politicians” rather than ordinary people who want to make our society a better place ?

2. A party system that has developed to value party loyalty, party discipline and power above integrity, honesty and intellectual capacity.

robin william miners says:

I used to watch question time when possible, however I have ceased to do this for the reasons which you mention. I used to listen to what Tony Abbott had to say however now everytime he appears on television my wife mutes the remote and we read. I find talking to friends and family a similar scenario is taking place. Exaggeration and untruthful statements regarding policies and a lack of preparedness for the opposition to look at matters for the good of all Australians and ditch the constant aggressive stance have contributed to the lack luster debate in our political system. The opposition is also responsible for their contribution to the government of our country, where are they? Yes, there is a lot of important issues slipping under the radar. Placing the priministership in the hands of your current leader is a real concern.

tectonicshift says:

I genuinely hope you,your good wife, family & friends continue to vote ALP. There is no room in our Party for people who make choices based on speech.
Though Abbott may not have been blessed with the elocution of a Churchill, at least he can be understood & trusted.
You are most welcome to be part of the cheer squad barracking for the naturalised Orstralian with her hyperbowl (sic) grating, spinning & deceiving from the Speakers box.

Maitland Bowen says:

This lecture is a genuine contribution. One criticism however: All of Turnbull’s examples of errors/bias/spin are from Labor, he gives no examples of poor behaviour from his own parties. That is, while he makes good argument against spin and the need for accurate representation of issues by politicians, he then contravenes his own arguments by operationalizing his points in highly partisan ways !

[...] To argue or not to argue. That is the question that underpins my latest missive on The Drum about the state of political and public discourse in Australia (and translatable to most other modern liberal democracies), as motivated by Malcolm Turbull’s latest speech. [...]

Kym Afford says:

Congratulations, Malcolm, time to turn the wheels back to the future: we need statesmanship, leadership, not what Abbott offers, some line to a god that does not exist, and no respect for women, no respect for anything but himself and one who is a denier of climate change, one who offers nothing but nastiness.
What Abbott offers is the worst I have ever countenanced and I have as a one time rural person naturally followed the Liberal doctrine, but no longer as I am aware that it has lost its way for opportunitists and lack of social justice.
Greed is the one standard that it seems driven by today, hence one can only see the rise of a myriad of small parties to smash the hold of the big partys as we in the field of life, threatened by collapse of the society we came up with as we have reached the end of growth and the end of political ideas or ideals. Your return would give us some hope.

Jess says:

How about this for an alternative.

The Constitution of the Democratic Republic of Australia
We the People of Australia, in Order to attain full political independence, ensure justice and domestic Tranquillity, provide for the national defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the Democratic Republic of Australia.

Article. I. (The Senate)
Section. 1.
All legislative Powers herein granted shall be vested in an Australian Senate
Section. 2.
The Senate of Australia shall be composed of 308 Senators; 7 Senators elected from each of the 22 equally populous Electorates by the electors thereof each election, for five Year terms; Elections will take place every 30 months and thus the Senate shall be divided into 2 equally sized classes.
If Vacancies happen by Resignation, or otherwise, the ballots of electorates with vacancies (from the election which elected the departed Senators) will be recounted; redistributing the votes of the departed Senators so as replacement Senators are elected.
No Person shall be a Senator who shall not have attained to the Age of twenty five Years, and been 10 Years a Citizen of Australia, and who shall not, when elected, be an Inhabitant of that Electorate from which he shall be elected.
The Vice President of Australia shall be Speaker of the Senate but shall have no Vote, unless the Senate be equally divided.
The Senate shall choose their other Officers, and also a Speaker pro tempore, who shall, in the Absence of the Vice President or when he shall exercise the Office of President of Australia, act as Speaker.
The Senate shall have the sole Power of impeachment and to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of Australia is tried the Chief Justice shall preside: And no Person shall be impeached or convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than removal from Office, and disqualification to hold and enjoy any public Office of honour, Trust or Profit under the Democratic Republic of Australia: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 3
The Senate shall assemble at least once in every year, and such meeting shall begin at noon on the third day of March, unless they shall by law appoint a different day.

Section. 4.
A Senate Majority shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Senators, in such Manner, and under such Penalties as the Senate may provide.
The Senate may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
The Senate shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of the Senate on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
The Senate shall not when in Session adjourn for more than three days without the agreement of two thirds of its members, nor to any other Place than that in which the Senate shall be sitting.

Section. 5.
Senators shall receive Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the Democratic Republic of Australia. No law, varying the compensation for the services of Senators, shall take effect, until two Senate elections shall have intervened.
Senators shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Senate when in session, and in going to and returning from the same; and for any Speech or Debate in the Senate, they shall not be questioned in any other Place.
No Senator shall, during the Time for which he was elected, be appointed to any public Office under the Authority of the Democratic Republic of Australia, and no Person holding any public Office under the Democratic Republic of Australia, shall be a Member of the Senate during his Continuance in Office.

Section. 6.
Every Bill which shall have passed the Senate, shall, before it become a law, be presented to the President of Australia: If he approve he shall sign it, but if not he shall return it, with his Objections to the Senate, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of the Senate shall agree to pass the Bill, it shall become a Law. But in all such Cases the Votes of the Senate shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of the Senate. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Senate by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the approval of the Senate may be necessary (except on a question of Adjournment) shall be presented to the President of Australia; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate, according to the Rules and Limitations prescribed in the Case of a Bill.
Section. 7.
The Senate shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to Australia.

Article. II. (The President)
Section. 1.
The executive Power shall be vested in a President of the Democratic Republic of Australia. He shall hold his Office during the Term of 30 Months, and, together with the Vice President, be chosen for the same Term.
No Person except a Citizen of Australia shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not be, or have been, a member of the Senate. Once elected President a Senator must relinquish his Senate position. Only incumbent Presidents not serving their fourth consecutive term and Senators from the class not due for election in the following General Election, can run in Presidential Primary and General Elections.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Senate may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of the Senate.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Supreme Court Chief Justice his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as the Senate may by law provide, transmit to the President pro tempore of the Senate and the Supreme Court Chief Justice their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the Speaker pro tempore of the Senate and the Supreme Court Chief Justice his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as the Senate may by law provide, transmit within four days to the Speaker pro tempore of the Senate and the Supreme Court Chief Justice their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon the Senate shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Senate, within twenty-one days after receipt of the latter written declaration, or, if the Senate is not in session, within twenty-one days after the Senate is required to assemble, determines by two thirds vote of the Senate that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice President shall have qualified; and the Senate may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the Democratic Republic of Australia.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of Australia, and will to the best of my Ability, preserve, protect and defend the Constitution of the Democratic Republic of Australia.”

Section. 5.
The President shall be Commander in Chief of the Army, Navy and Air Force of Australia, when called into the actual Service of Australia; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the Democratic Republic of Australia, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the Australia, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Senate may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 6.
The President shall from time to time give to the Senate Information on the State of the Republic, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene the Senate; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the Australian Republic.

Section. 7.
The President, Vice President and all Civil Officers of Australia, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours.

Article. III. (The Judiciary)
Section. 1.
The judicial Power of Australia shall be vested in one Supreme Court, and in such inferior Courts as the Senate may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The Supreme Court shall be composed of nine justices. The longest serving justice shall act as chief justice.

Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of Australia, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which Australia shall be a Party.
In all Cases affecting Ambassadors, other public Ministers and Consuls, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Senate shall make.
The judicial power of Australia shall not be construed to extend to any suit in law or equity, commenced or prosecuted against the Democratic Republic of Australia by citizens or subjects of any foreign state.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; the Trial shall be at such Place or Places as the Senate may by Law have directed.

Section. 3.
Treason against Australia, shall consist only in levying War against her, or in adhering to her Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Senate shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV
(Constitutional bill of rights and prohibitions)
The following rights and prohibitions listed shall not be denied, circumvented or abridged by the Democratic Republic of Australia; its Senate or its citizens.
1-The right to equality before the law irrespective of race, sex or sexuality
2-The right of adult citizens, who have attained the age of at least 18 years, to an equal vote in regular Primary and General, legislative and executive government elections
3-The right to practice one’s religion in so far as this does not breach other rights and prohibitions here listed
4-The right to remain silent
5- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
6- The right to exclude other private individuals from access to and use of one’s own private property and person
7-The right for any two consenting adults to marry and have their marriage legally recognised
8-The right for consenting adults to engage in whatever private, non-conceptual, nonlethal, non-incestuous sexual activity they deem appropriate
9- The right of suspected criminals to be presumed innocent until proven guilty by a fair judicial trial. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.
10-The right of trial by jury shall be preserved in suits at common law, where the value in controversy shall exceed one fifth of the average annual Gross Domestic Product per capita, and no fact tried by a jury, shall be otherwise re-examined in any court of the Australian Republic, than according to the rules of the common law.
11- The collective right to a monetary authority (reserve bank) responsible to the Supreme Court and which has the sole aim of maintaining inflation between 2 and 3 percent
12-The right of citizens of Australia to vote in any primary or other election for President or Vice President, or for Senators, shall not be denied or abridged by the Democratic Republic of Australia by reasons of failure to pay any poll tax or other tax.
13-The prohibition against involuntary servitude, slavery and conscription (military or otherwise)
14-The prohibition against rape, murder, torture and the non-consented to mutilation or removal of body parts
15- The prohibition against cruel and capital punishment
16- The prohibition against arbitrary arrest, detention and exile
17- The prohibition against government imposed quotas/trading permits on legal private sector goods and services which do not pose a significant threat to the environment or atmosphere
18- The prohibition against government imposed price floors and ceilings on private sector goods, services and wages
19- The right of all persons sixteen years and older with annual incomes less than the average income per capita to an income subsidy equal to 25% of the difference between their income and the average income per capita.
20- The prohibition against public sector employment exceeding 35% of the workforce
21- The prohibition against government imposed quotas and tariffs on foreign imports (does not include sanctions against rogue, pariah or enemy states/regimes)
22- The Prohibition against the adoption of a fixed or integrated (internationally shared) currency
23- The prohibition against income (direct) taxes exceeding 25% of a person’s income
24- The prohibition against imposing income (direct) taxes on persons who have annual incomes less than the average income per capita
25- The prohibition against revenues raised through indirect government taxes (ie those on the purchasing of Goods and Services, transactions and property use and ownership) exceeding 25% of GDP, unless National Sovereignty be threatened
26- The prohibition against intellectual property rights being granted/imposed on naturally occurring substances, materials or organisms (or parts of organisms)
27- The prohibition against intellectual property rights exceeding 30 years recognition
28- The prohibition against intellectual property rights being granted/imposed on anything other than manufactured goods or electronic data
29- The prohibition against vocational/recreational licenses/permits being imposed on any vocation or activity which does not pose a direct and significant threat to third persons: those not actively or consentingly involved in the service being provided or activity taking place
30- The prohibition against the Senate making law respecting an establishment of religion; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
31- The prohibition against holding a person to answer for a heinous, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land, air or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of liberty and property; nor shall be compelled in any criminal case to be a witness, against himself, nor be deprived of, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
32- The prohibition against requiring excessive bail, imposing excessive fines, and the infliction of cruel and unusual punishments.
33- The enumeration in the Constitution, of certain rights and prohibitions, shall not be construed to deny or disparage others retained by or imposed on, the people or Government.
34- The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.
35- No Bill of Attainder or ex post facto Law shall be passed.
36- No Tax or Duty shall be laid on Articles exported from Australia.
37- No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
38- No Title of Nobility shall be granted by the Democratic Republic of Australia: And no Person holding any Civil Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
39- All persons born or naturalized in Australia, and subject to the jurisdiction thereof, are citizens of the Democratic Republic of Australia. The Australian Republic shall not make or enforce any law which shall abridge the privileges or immunities of citizens of Australia; nor deprive any person of liberty, or property, without due process of law; nor deny to any person within Australia’s jurisdiction the equal protection of the laws.

Article. V. (Elections)
No elector shall be compelled to vote in either Senate or Presidential Elections or Primaries.
No elector may cast multiple ballots in either a Senate or Presidential election or Primary.
The right of citizens of Australia to vote shall not be denied or abridged by the Democratic Republic on account of race, sex or sexuality.
All citizens who have attained the Age of eighteen Years shall be eligible to vote in Presidential and Senate elections and Primaries (Senate primaries only if an affiliate of a coalition).

Section. 1. (General Elections)
The Times, Places and Manner of holding Elections for Senators and the President, shall be as follows.
Senate and Presidential elections will be held concurrently. Elections will be fixed for the second Saturday of November and the second Saturday of May, 30 months apart.
Electors will receive Senate and Presidential ballots from polling stations within their electorate after providing confirmation of their identity as so determined by Law. Electors may then fill their ballots and slip them into the appropriate ballot boxes provided.

Section 2 (Senate Elections)
Senate elections will use the single transferable vote system. Australia will be divided into 22 electorates. Seven Senators will be elected from each electorate using the V/(S+1) formula, to accurately elect Senators proportionally.
Each Senate ballot will consist of 49 candidates; 7 from each of the seven political coalitions. Electors will have two options either to number all 49 candidates in order of preference below the line or to number all 7 coalitions in order of their preference above the line, thereby preferencing coalition candidates in the top down vertical order in which the candidates of coalitions appear on their ballots. The horizontal order in which coalitions appear on particular electorate ballots will be randomised by means of Robson rotation so as not to give any coalition an unfair advantage due to the inevitable proportion of donkey votes.
As seven Senators will be elected from each electorate a candidate must obtain the required quota of one eighth or 12.5% of the distributed/redistributed vote.

Section 3 (Presidential elections)
Presidential elections will coincide with Senate elections every 30 months.
All electors across the country will receive the same Presidential ballot in addition to their particular electorate specific Senate ballot.
On the Presidential ballot will appear the names of all 7 candidates running for President; and next to each their running mate for Vice President. To cast a valid vote, voters will be required to number all 7 candidates in order of their preference. The “Moderating Vote Counting (MVC) method” will be employed to determine the vote winner.
First, if a candidate receives a majority of first preference votes they will have been elected President. If however no candidate receives a majority then the candidates with the least number of votes will be ‘Temporarily’ eliminated and their votes redistributed according to preference until one candidate obtains a majority. Those candidates who did not receive a majority and who were not temporarily eliminated will be ‘Permanently’ eliminated. All votes will then be redistributed between the continuing candidates (those who were temporarily eliminated in, as well as the candidate who won, the previous round) based on preferences ie on which candidate is ranked higher in each voters preference list. If one of these candidates receives a majority of the vote, they shall be elected President. If not, the process of temporary and permanent eliminations described above will continue to be repeated until just one candidate remains and is thus elected president. The entire country will be considered a single electorate for these particular elections.

Section 4 (primaries)
Senate primaries will coincide with Presidential Primaries on the second Saturday of the month, 12 months before General elections.
Electors will receive Senate Primary and Presidential Primary ballots from polling stations within their electorate after providing confirmation of their coalition affiliation and identity as so determined by Law. Presidential Primary ballots shall be identical for every voter across the country. An elector’s Senate Primary ballot shall be determined by their Coalition affiliation and electorate. Electors may fill their ballots and slip them into the appropriate ballot boxes provided.

Section 5 (Senate primaries)
There will be 7 Political coalitions (initially named the Conservative Coalition, The Liberal Coalition, The Republican Coalition, The Democratic Coalition, The National Coalition, The Socialist Coalition and The Green Coalition).
Political Coalitions will be comprised of both Political Parties and independent affiliates of the said Coalition. All Citizens eligible to vote, can choose to remain independent by registering as an independent and thus foregoing their right to vote in Senate Primaries or, can either register as an independent affiliate of a coalition or be a member of a political party affiliated with a coalition (they cannot do both). A person cannot register as a member of multiple parties or multiple coalitions. People have the right to resign from political parties and coalitions. Unlike Political Parties (which may reject membership, expel members or charge for membership according to their own constitutions) registering as an affiliate of a political Coalition shall be free of charge and a Coalition cannot expel independent affiliates as they do not have official leadership / governing structures.
Any member of a political Coalition (whether an affiliate or member of an affiliated party) can vote and/or run as a candidate in the Senate primary of their coalition. Those who are successfully nominated in these primaries will appear as candidates for the General Senate election.
Political Parties must have memberships of at least 500 and constitutions which do not violate the constitution of the Democratic Republic of Australia. Political Parties must affiliate themselves with a Coalition according to procedures laid out in their constitution. Political Parties cannot affiliate themselves with multiple Coalitions but may swap their Coalition affiliation. Members of political parties are affiliates of the Coalitions their parties have affiliated with by default. Therefore they can only run as Senate primary candidates in their own Coalition’s Senate Primary. Members of Political Parties running in Coalition Senate Primaries will have their party membership indicated after their name on the ballots of their Senate Coalition Primary.
Senate Primaries will be conducted for each the 22 electorates. Senate primary candidates can only run in their Coalition’s primary for the electorate in which they reside.
If more than 50 persons wish to run in a specific electorate for a specific Coalition then private tenders will be called for. Only the 50 persons with the highest bids (money) may run. These primary candidates shall have their money returned to them in the form of campaign funding which must only be used as such. This will be properly audited.
Electors can only vote in the Senate Primaries of the Coalition they are affiliated with and in the electorate in which they reside.
To cast a valid Senate primary vote an elector must place a cross in 7 of the boxes corresponding to their 7 most preferred candidates.
To be nominated a candidate for the General Senate election, a Senate primary candidate must be one of the 7 candidates to receive the most votes in their coalition’s primary held for their electorate.
This system of voting is known as multi-member first past the post. Voters must vote for 7 candidates (no more, no less) otherwise their ballot will be deemed invalid. The candidate with the most votes will be placed at the top of that Coalition’s Senate candidate list for their particular electorate. The candidate with the second most votes will be placed second etc.

Section 6 (Presidential Primaries)
No person shall serve as President for more than 4 consecutive terms.
The incumbent President (if he/she is not serving his/her fourth consecutive term) and each Senator from the Senate-Class not due for election in the following General election will be eligible to run in the Presidential primary.
7 Presidential candidates will be nominated.
Each and every one of the 154 Senators whose seats are not due for election in the following Senate election (eligible Senators), regardless of whether or not they plan to run for the Presidency, will be assigned to a particular primary grouping on the Senate’s first sitting following a Senate election. Presidential primary groupings will be based on Coalition. Coalitions whose eligible Senators number less than 20 will have their grouping abolished and their eligible Senators relocated to other groupings (individual eligible members may chose to which grouping they are relocate). The grouping with the least number of eligible Senators will be abolished first followed by the next etc until every grouping has at least 20 eligible members. These groupings of 20 plus eligible members will form columns. The V/S+1 formula will be applied to determine how many primary Presidential nominees will be elected from each column based on the distribution of the 154 Senators across each column
Senators who decide to run in the Presidential Primary will appear alongside other candidates in their column. If an incumbent President is re-contesting the Presidency they must appoint themselves to one of these columns.
On Presidential primary ballots will appear the primary candidates grouped into their particular columns. To cast a valid vote, voters must number all the candidates in order of preference in one column. Voters cannot number candidates in multiple columns. Votes for candidates in columns from which multiple nominees will be elected, will be counted using the single transferable vote system. Votes for candidates in columns from which a single nominee will be elected, will be counted using the alternative vote system.
Each of the seven Presidential candidates must appoint a Vice Presidential running mate for themselves within 6 months of being nominated in the Presidential Primary

Section 7 (commencement of terms of office)
The terms of the President and Vice President shall end at noon on the third day of the second month following General Elections, and the terms of Senators at noon on the twentieth day of the same month; and the terms of their successors shall then begin.

Article. VI
(Coalition National Conventions)
Only Senate candidates and current Senators can attend their Coalition’s National convention as delegates. Conventions have the power to change the Coalition’s name, alter/change the Coalition’s statement of principles (less than 300 words) and pass Coalition platforms. The statement of principles and the platforms/motions passed are not binding on candidates, affiliates or Senators. However these principles and objectives will act as a general indicator as to the Coalition’s philosophy and policy aims. To pass motions, changes to statement of principles or party name, a simple majority of members must be in favour. Quorum will be considered 2 thirds of potential delegates. Conventions will be held on the second Saturday of the month, 9 months before general elections.

Article. VII.
(Mode of amendment)
The Senate, whenever two thirds of Senators shall deem it necessary, shall propose Amendments to this Constitution, which, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by two thirds of the Australian citizenry when put to them in a Referendum.

Article. VIII.
(Prior debts, Supremacy of Constitution, oaths of state and office)
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the Democratic Republic of Australia under this Constitution, as under the Commonwealth of Australia.
This Constitution, and the Laws of Australia which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the Democratic Republic of Australia, shall be the supreme Law of the Land; and Australian Judges shall be bound thereby, any Thing in the Constitution or Laws to the Contrary notwithstanding.
The Senators before mentioned, and all executive and judicial Officers, of Australia, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the Democratic Republic of Australia.
The Democratic Republic of Australia shall guarantee to every Citizen in Australia a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.