{{Use dmy dates, date=May 2018 The McGarvie Model is a proposition for change to the

Australian Constitution The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...

to remove references to the

monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy ...

and establish a republic. It is also known as the ''Australian Democracy Model''. The model was developed by former

Governor of Victoria The governor of Victoria is the representative of the monarch, King Charles III, in the Australian state of Victoria. The governor is one of seven viceregal representatives in the country, analogous to the governors of the other states, and ...

Richard McGarvie Richard Elgin McGarvie, (21 May 1926 – 24 May 2003) was a judge in the Supreme Court of Victoria from 1976 to 1992, and the 24th Governor of Victoria from 1992 to 1997. Early life McGarvie was born and brought up on his parents' dairy farm a ...

and originally submitted to the

Republic Advisory Committee The Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in April 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic. The committee's ma ...

in 1993. At the

Constitutional Convention Constitutional convention may refer to: * Constitutional convention (political custom), an informal and uncodified procedural agreement *Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an e ...

of 1998, it was the second most popular model of the four voted upon. Under the McGarvie Model, a Constitutional Council would appoint and dismiss the head of state, the Governor-General. The Constitutional Council would be bound to act in accordance with the Prime Minister's advice by a

convention Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...

backed by the penalty of public dismissal for breach. The three members of the Constitutional Council, who can act by majority, are determined automatically by constitutional formula, with places going first to former

Governors-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...

(with priority to the most recently retired), and excess places going (on the same basis) in turn to former state governors, lieutenant-governors (or equivalent), judges of the High Court or judges of the Federal Court. The tenure of the head of state would be under the same arrangements as the existing practice for the current

Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...

. The head of state would also have the same range of powers as the current

, but, except for the reserve powers, they could only be exercised on the advice of the Federal Executive Council or a Minister. Otherwise there would be no codification of the constitutional conventions. The only eligibility requirement for a head of state under the McGarvie Model would be Australian

citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

because the process for selecting the head of state is designed to ensure a non-political head of state. Supporters of the model claim that, although described as "no-risk but uninspiring" and occasionally as "elitist", it has the considerable advantage of being developed by one with experience as a

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

and hence a working knowledge of how the system of governorship actually functions in Australia. They claim it is straightforward, easily implemented, demonstrates twin requirements of practicality and principle, and keeps the separation of powers intact. Legal commentators have remarked that the McGarvie Model is broadly consistent with the constitution's existing arrangements under the

and that it requires the least change to constitutional practice. Some republicans have been critical of the appointment process in the McGarvie model and argue that a model without any public participation in its selection mechanism would not be successful in any

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of ...

to change the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...

References

Road to a Republic, 2004, Chapter 7McGarvie R, Democracy: Choosing Australia's Republic, 1999

External links

The McGarvie Model
Republicanism in Australia Government of Australia