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Local impact on national constitutional debate*

Local Government's input to the national constitutional debate will have an impact on all Australians as the nation enters the next century, according to the Deputy Chair of the Constitutional Centenary Foundation, Professor Cheryl Saunders. Reporting to the ALGA National Assembly last November on the outcomes of the Local Constitutional Convention (LCC) program, Professor Saunders believes the local conventions were an excellent illustration of the strengthening of local democracy, with outcomes of the program giving a very clear indication of what grassroots Australians think about key aspects of their Constitution and system of government.

"The LCC program showed that, contrary to belief, Australians are very interested in their own Constitution and want the opportunity to contribute actively to discussions about its future," Professor Saunders said. "The program provided a working example of how that might be done in an atmosphere of tolerance, mutual respect and good humour. And it demonstrated the critical role of Local Government in making democracy a practical reality for everyone in a large, complex society such as Australia, in a rapidly globalising world."

More than 3,000 Australians, drawn from local communities, took part in the 58 local constitutional conventions held across Australia, in each State and Territory, between September 1997 and October 1998.

More than 70 councils were involved, including Flinders Island in Tasmania; Fairfield in New South Wales; Cairns; Adelaide; Esperance; and Palmerston in the Northern Territory. With the program covering aspects of the constitutional system, each convention tackled one or more of the following five broad themes.

• The Constitution as a national symbol.
• Parliament and elected representatives.
• An Australian republic?
• The Federal system.
• Citizens and rights.

Delegates were encouraged to seek broad agreement on the issues raised. All conclusions reported received clear majority support. Despite the different views on some issues between different conventions, a number of key conclusions emerged.

Those receiving widespread support included the following. The Constitution should recognise Australian citizenship. There should be a new constitutional preamble, based on the existing preamble but reflecting current needs. The term of the House of Representatives should be extended to four years and should be at least partly fixed. Australians in the Territories should have the same individual rights as Australians in the States. The Australian Federal system is not operating adequately. Local Government should be recognised in the Constitution in some way. There should be an investigation of better constitutional protection of rights. The method by which judges are appointed should be changed to require governments to consult more widely.

Many of the local conventions held before the Constitutional Convention held in Canberra last February considered a possible model for a republic. Approximately half the number of conventions held responded to the question of becoming a republic, with results that were approximately equally divided. While there were differences of opinion on the model, the one attracting most support proposes that a republican Head of State should play a role similar to that of the Governor General.

The powers of the Head of State should be spelt out more fully in the Constitution. The Head of State should be appointed by the Parliament following a broadly consultative process. (In this respect, the conclusions of the local conventions were remarkably similar to those of the Constitutional Convention.)

The Head of State should be an Australian citizen and serve a five year term, with limits on reappointment. The Head of State should only be able to be removed by a two thirds majority of both Houses of Parliament.

Chapter II of the Constitution should refer to the Prime Minister and Cabinet and should state that the government is responsible to Parliament. All Australian governments should move towards a republic at the same time.

The Local Constitutional Convention program can make a major contribution to the current constitutional debate and any future process of constitutional review. The rolls signed by participants, together with the communiqués, will be deposited in the National Library.

A detailed analysis of the conventions' recommendations will be widely circulated in the community and be sent to Australian political leaders. In addition to delivering recommendations on a republic, the Constitutional Convention in Canberra called for public education about proposed constitutional changes, foreshadowing a further convention within 3-5 years if a referendum on a republic is successful.

These recommendations raise three questions: How can public information about constitutional change be made truly effective? What constitutional issues are sufficiently important to Australians to deserve discussion at a future convention? If there is a further convention, how should it be chosen and how should it work? Australians who participated in the LCC program are well placed to advise on these questions.

Fulfilling its commitment to participants in the local conventions, the Constitutional Centenary Foundation is organising a national event to report on the program's outcomes. Two participants from each local convention are invited to take part in the forum, which will be a fitting finale to what has been an exciting and rewarding program for local democracy.

To be held at Old Parliament House in Canberra from 28-30 April 1999, the Local Constitutional Convention Forum will tackle these broad questions, and refine majority positions on key issues such as whether or not Australia should become a republic; federalism; and citizens and their rights.

Further information on the LCC program reports, communiqués and the national forum is available on the Constitutional Centenary Foundation's home page at www.centenary.org.au

*Copy provided by the Constitutional Centenary Foundation.

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