1. Introduction 3 2. THE CASE FOR OVERTURNING OUR PRESENT CONSTITUTION 6 A. The dubious source of our Constitution’s power and 6 B. A hamstrung Australian Government 10 C. Anachronistic supremacy of British institutions 11 D. Workarounds driven by impractical provisions in our Constitution 15 E. The cost and inefficiency of our constitutional 18 F. Racism in our Constitution 21 G. Lack of protections for the people 24 3. The case for FORGING a new Constitution 27 H. Starting afresh 27 I. National values and aspirations 32 J. Improving government 32 K. Recognising and constraining other organs of government 41 L. Safeguarding people’s rights 42 M. Building a disposition to review and improvement 44 4. GETTING THERE 46 N. The challenge of changing the Constitution 46 O. Achieving support for a new Constitution 48 5. A possible new Constitution 50 Appendix 1 – Case study of funding for schools 52 Appendix 2 – Situating regional governments 54 Introduction In the years preceding federation Australia had the most successful and dynamic economy on earth. From the second half of the 1860s until the end of the 1880s per cent larger than the next ranked Australia’s GDP per capita was often at least 20 nation, generally the United Kingdom. In the late 1870s per person was Australia’s GDP more than 60 per cent higher than the United States. Australia was rich and, it seemed, destined to be great. Despite the depression of the 1890s that rocked its progress, achievements, Australia’s endowments and prospects gave it obvious capacity to be founded as a fully independent nation. Those living in the Australian colonies were in a supremely advantageous position. They could have proclaimed a new, free republic. Their British colonial counterparts had done just that when, more than a century earlier, they created the United States of America.
1. Introduction 3 2. THE CASE FOR OVERTURNING OUR PRESENT CONSTITUTION 6 A. The dubious source of our Constitution’s power and 6 B. A hamstrung Australian Government 10 C. Anachronistic supremacy of British institutions 11 D. Workarounds driven by impractical provisions in our Constitution 15 E. The cost and inefficiency of our constitutional 18 F. Racism in our Constitution 21 G. Lack of protections for the people 24 3. The case for FORGING a new Constitution 27 H. Starting afresh 27 I. National values and aspirations 32 J. Improving government 32 K. Recognising and constraining other organs of government 41 L. Safeguarding people’s rights 42 M. Building a disposition to review and improvement 44 4. GETTING THERE 46 N. The challenge of changing the Constitution 46 O. Achieving support for a new Constitution 48 5. A possible new Constitution 50 Appendix 1 – Case study of funding for schools 52 Appendix 2 – Situating regional governments 54 Introduction In the years preceding federation Australia had the most successful and dynamic economy on earth. From the second half of the 1860s until the end of the 1880s Australia’s GDP per capita was often at least 20 per cent larger than the next ranked nation, generally the United Kingdom. In the late 1870s Australia’s GDP per person was more than 60 per cent higher than the United States. Australia was rich and, it seemed, destined to be great. Despite the depression of the 1890s that rocked its progress, Australia’s achievements, endowments and prospects gave it obvious capacity to be founded as a fully independent nation. Those living in the Australian colonies were in a supremely advantageous position. They could have proclaimed a new, free republic. Their British colonial counterparts had done just that when, more than a century earlier, they created the United States of America.