Comment & Debate
Philip Benwell MBE. “Concerns over Constitutional Change”. Cross bench Peers, House of Lords, London. 1999 – “The fear that I have – indeed the fear that all Loyal Subjects of Her Majesty – should have, is that should the Referendum to make Australia a republic succeed and it is later found that the Constitution cannot be re-written in this manner, The Queen would be placed in the untenable situation where She would through legal means rule a People who have voted to remove Her. Needless to say, there would be an overwhelming backlash of indignation both against The Queen and against Britain.
The Preamble to our Constitution states:
“Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established”
Remove The Crown and you remove the indissolubility of the Union – and unless ALL States agree to re-join under a Republic – we could see the break-up of our Federation.
The Queen is undoubtedly in a difficult situation for not only is Her Majesty Queen of Australia. She is also Queen of New South Wales, Victoria, South Australia, Queensland, and Tasmania. Assuming that the Referendum process can effect these changes to our Commonwealth Constitution, Her Majesty would still remain Sovereign over those States who may wish to remain under The Crown.
There is no provision whereby Her Majesty can abdicate Sovereignty over any State and no means whereby the Federal Government can legislate against the wishes of a State.
Regardless of this, one State Attorney (a Republican) has commented that States which refuse must be forced to change to a Republic – comments which remind one of the war of words which ended in the American Civil War.
Even though we believe that the Referendum will be lost. The Queen must never be allowed to be placed in a situation of constitutional crisis however remote the chance may be.”