On November 6, 1999, the people of Australia spoke, the majority of which dismissing the proposed Constitution Alteration (Establishment of Republic) 1999. Of particular debate was section 59 of the draft, and the power that it proposed to transfer from the Governor-General to the President. If this Head of State was to be one with a popular mandate it is to be determined whether this would be a display of good government or 'entirely out of the question'.
To determine whether such a proposal is workable, a full understanding of section 59 is required and indeed the proposal as a whole. The powers to be bestowed upon the President must be evaluated thoroughly. They powers that would be received through statute and through 'convention' and are argued to be somewhat the equivalent to those enjoyed by the Governor-General. Of particular interest are the reserve powers. It is at this point where, to use a colloquial anagram one would say, "the plot thickens".
English: Edmund Barton, Australia's first Prime Mi...
Commonwealth bogie
Commonwealth 2011 reception at the Senedd 14/3/201...Finally the model of a popularly-elected Head of State must be scrutinised and evaluated so as to make a determination whether such powers would hold well or be 'entirely out of the question'.
Section 59 and the Powers of the President
One would say that under section 59 of the proposed Constitution Alteration (Establishment of Republic) 1999 the powers of the President shall be the same as those exercised at present by the Governor-General. It appears that the purpose of the proposal is to have an Australian figurehead sit in place of the Crown's representative the Governor-General, whilst at the same time maintaining the power balance between the executive and the legislature.
Paragraph one of section 59 proposes that executive power of the Commonwealth be vested in the President rather the Queen and exercisable by the President in...