THANKS MADAM, you did clarify and solidified the basis on the constitutionality of my claims.

Excellent Video. Thank you for posting, this channel deserves way more views!

@constitutionalclarion1901

2 ай бұрын

I quite agree!

Thank you that was very interesting and informative.

another good one

The political parties in this country are private clubs with memberships, the position of Prime Minister is a public office, so how can a CEO of a private organisation be elected to a public office?? You either serve the people or your private organisation anything else is a conflict of interest.

Nice video, I enjoy watching your content 😃

A more "meaty" exploration of government in a crisis in Britain can be found in an episode of the Duncan Campbell documentary series "Secret Society" entitled "In Time Of Crisis."

@constitutionalclarion1901

2 ай бұрын

Thanks - I'll look out for it.

A really fantastic explanation. Speaking of this issue, it does remind me quite a bit of the unique changes made during April/May 2023, when all of the State Governors and GG we’re out of the country for the coronation and David Hurley was made Administrator of the Government of the Commonwealth. A rather fascinating and unique arrangement that, while only for about a fortnight, was rather bizarre, and would be fascinating to have the legal advice made public for. (Informally, I think it was an inexplicable and faulty move of constitutional grounds, but it definitely makes for a fascinating bit of trivia)

@constitutionalclarion1901

2 ай бұрын

Yes, it was interesting. I can see why they did it - they wanted someone in the seat who knew all the practices and the rules and would keep things ticking over without a fuss. Section 4 of the Constitution provides for the Commonwealth to be administered, in the absence of the Governor-General, by 'such person as the Queen may appoint' - and in this case the monarch did make the appointment.

Although this is untypical in the case where all current mps, senators and the GG suddenly disappear forever, presumably a Governor recieves a dormant commision, however my question is would that Administrator act on the advice of members of a previous cabinet (given that it can be argued that they are still members of the executive council) Also cases like this seem to show that our system would have been at a real detriment if we just bunged on a President in 1999 I really don’t think our system works very well if you combine the role of monarch and GG and you only outline how they are to be appointed... For example in cases where the President is incapacitated does the President (using the powers of the monarch) appoint an administrator (in line with section 4)? Once again amazing video :)

@constitutionalclarion1901

2 ай бұрын

Yes, former Ministers technically remain members of the Executive Council, so they could be called upon in a an emergency/catastrophe scenario, if needed. The problem is that the only precedents we have concern coups/invasions (eg Grenada and Fiji) when there are disputes about who is entitled to exercise executive power, so there is little to draw upon. There is some recognition, however, that a Governor-General does hold reserve powers to act in an emergency - but only for the purpose of restoring constitutional governance. As for a republic - yes, it is important to build in provisions to deal with sudden vacancies in the office of head of state. But if you retain the role of State Governors, then you could draw on essentially the same chain of command.

The real question is: who do we get to play Kiefer Sutherland's part?

@davidthomson5507

25 күн бұрын

Russell Crowe does the Keifer and Cate Blanchette should do Gevernor General

It does seem odd naming a swimming pool after Prime Minister Holt. But then a former Victorian Premier had the Bolte Bridge, a major road, named after him after killing a farmer driving with his blood samples going missing afterwards. At least Harold Holt had contributed to the swimming community.

its funny how you praised judges and there suitability and then "my husband is a judge" .I don't that mean in a negative fashion to be clear. Just genuinely hilarious and I actually agree. I actually think our own supreme court should have some military power. holt might actually be the most famous prime minister of Australia internationally due to his um accident. And the swimming pool. Probably more the swimming pool. some questions Theoretically could not a prime minister write a letter of advice (not sure on the exact mechanism)and instruct the GG to follow it in case of his death or the cabinet dying like the UK PMs submarine letters? For the dismal didn't charteis tell Kerr the queen would delay acting on that advice? In Grenada after the coup and invasion the GG took power would that be precedent? he did however ask the queen first .bit awkward if she said no . as always great video!

"Has anyone in Australia thought about and prepared for how to deal with a catastrophe where the government and the parliament are wiped out?" Yes, frequently. I'd throw the biggest party I could afford to.

After Harold Holt died

Does it complicate matters that the GG is Commander in Chief of the ADF ( on behalf of the sovereign ). If there were a coup / major civil unrest so parliament could not function could he/she call out the ADF ? Should this influence the appointment of an Administrator / GG with a military background.

Thanks Dr Twomey, great video. Hopefully someone will make a disaster movie putting this to use (: Have you made a video regarding a potential conflict between the Houses and High Court? While reading HoR Practice I daydreamed a scenario where the Governor General has to intervene to prevent the improper dismissal of justices, and how they may have to act on advice from former members of the house or on their own to dismiss the house or form a non populist government. I wonder what your take on this is (:

@constitutionalclarion1901

2 ай бұрын

Now that is a nightmare scenario! No, I haven't worked through this type of controversy, and hope very much that I never need to do so.

One thing that I would like to add concerns the continuity of the Federal Executive Council. Many of the powers of the G-G are limited under §63 to the G-G acting on the advice of the FEC, and crucially §32 provides that the issuance of writs for elections for the House of Representatives is one of these powers of "the Governor-General in Council". Under §64 all the ministers of state must be appointed to the FEC, and it is the custom that only serving ministers are summoned to or attend the meetings of the Federal Executive Council (which are formalities). But when ministers lose office, or even their seats in Parliament, they are not ordinarily expelled from the FEC. The Cabinet of the day, consisting of serving ministers, is technically a committee of the FEC. So, supposing a catastrophe that exterminated Parliament, and therefore the Cabinet, the G-G or administrator could summon such surviving former ministers as were available to meet as the FEC and advise him or her to issue the writs to elect a new House of Reps.

@constitutionalclarion1901

2 ай бұрын

Yes, that's right. Although I imagine that in the circumstances the Governor-General would want to be careful to summon former members in such a way as to avoid any appearance of political bias. But it would certainly be a way of seeking advise from wise elders and trying to gain a political consensus of how to deal with the crisis.

@brettevill9055

2 ай бұрын

@@constitutionalclarion1901 Just so. That would preserve the appearances better than appointing new councillors to give the required advice - but since appointing coucillors is a power of the G-G rather than of the G-G in Council, even that is available as a last resort.

Professor, what is your view if judges were to act in accordance with their political views as is now happening in the US?

@constitutionalclarion1901

13 күн бұрын

Judges are bound by precedent from higher courts. If they don't follow those precedents, they get overturned on appeal. It is only when you get to the very highest court that the Justices have a broader field of discretion. Even then, they are supposed to follow established methods of legal reasoning and fundamental constitutional principles. It's not the free-for-all that people imagine. Most judges frequently make decisions where they really don't like the outcome, but they have no choice because they are bound to apply precedent and uphold the law.

As much as I enjoy your videos, I think I'm slowly learning to have a strong distaste for the existing systems of Australian governance.

@constitutionalclarion1901

2 ай бұрын

That's a pity. While no system is perfect, and every country can learn a lot from others, Australia is actually very good in terms of the independence and fairness of its electoral system. While the use of Governors-General and Governors is eccentric, and could be improved, it still operates fairly well in practice. There are plenty of worse systems around the world! The fact that Australia has one of the oldest continuing Constitutions in the world and has never had a revolution or civil war shows that it has managed its system of governance pretty well.

@TheAbeKane

2 ай бұрын

@@constitutionalclarion1901 your awesome video explaining lobbies showed that their interactions could be improved to the point they don't have our politicians waiting in line with hands out. I eagerly awaiting the release on the 30th April.. released on the 7 may and reintroduces day passes and recommends lobbies do better at pointing their names in the register. It seems no one is interested in doing better and would prefer the corruption and foreign lobbies to continue. Thank you for the work you do to bring a clearer picture to what our government does and doesn't do

@TheAbeKane

2 ай бұрын

@@constitutionalclarion1901 Could you imagine a $25/hour worker being 7 days late and have little to nothing to show for it? We expect far more from people we pay far less

Why do we in Australia call Charles " Charles III ). He is the king of Australia independent of being king of England, so since he is the first King Charles of Australia. ( He would be King Charles 1 of Scotland)

@constitutionalclarion1901

Ай бұрын

As I've explained before, this was also an issue with Elizabeth II. PM Whitlam wanted the "II" removed from her title in Australia, but she disagreed and won. She did not want to reopen the issue of her title in Scotland, which had previously arisen in litigation. Charles has followed the same lead.

On which planet the gifting of a zero-cost honour to visiting royals, VIP's, and PM's would be an "excentric" thing to do. Just imagine doing something as excentric as giving Paul Keating a knighthood of the White Elephant. Anne, those little quips are an insight into the republicanism behind the supposed non-partisanship.

@constitutionalclarion1901

2 ай бұрын

I think you will find that on a recent ABC documentary many of Abbott's Liberal Party colleagues regarded it as an eccentric act. This is a pretty common view.

@aussiereuben1

2 ай бұрын

@@constitutionalclarion1901 Thus the widening disconnect between the political class and the public is illustrated.

Is there a constitutional way the Australian people can dispose of a current Government that is clearly not acting on behalf of the Australian people. Our current Government is clearly working with an foreign influence is this not treasonous?

@constitutionalclarion1901

Ай бұрын

The Constitution provides for regular elections to change the government.

Where do learned constitutional law academics sit in the Chain of Governance? 😆😑🤔🫢😬😵‍💫

@constitutionalclarion1901

2 ай бұрын

I'm afraid we are not part of the chain at all - which is probably a good thing! Although I am called upon for advice every now and again...

@glennsimpson7659

23 күн бұрын

Those you have instructed in the classroom move by the passage of time into the corridors of power, taking with them the accumulated wisdom of the ages. I still fondly recall Prof Les Zines whenever constitutional law is discussed, and he certainly influenced me when I was a public servant in Canberra

@constitutionalclarion1901

23 күн бұрын

@@glennsimpson7659 Thanks. That's very kind.