Letter to the Editor.
The Constitution and the Republic.
Feb 8th 1999
A Republic is a government in which supreme power is held by the citizens, Australia achieved this status in 1920, Politicians and the Judiciary have kept this fact to themselves to retain power.
Firstly, their is no such document as "The Australian Federal Constitution", what we do actually have is "The Commonwealth of Australia Constitution Act 1900 (UK)", which of course was passed in the British Parliament.
Accordingly, the "Australian Constitution" was framed to retain absolute power and authority over the dominion or colony of Australia; however, this status of subservient colony has not endured.
Despite what Republicans or Monarchists may publicly state, the fact remains that Australia had shed it's "Colony" status by January 10th 1920, and thus according to the principles of international law, became an independent nation in it's own right with total extinguishment of British intervention by the Queen, Privy Council or Parliament from that day forth!
This is the birth date of the nation or republic of Australia as recognised by the legal department of the United Nations, it is of course the date that the League of Nations was formed with the sovereign nation of Australia as one of the founding members.
Further recognition of our republic status occurred when Sir Joseph Cook became the Australian High Commissioner to the United Kingdom on Nov 11th 1921, by accepting his credentials the UK recognised the sovereignty of Australia.
And in 1988, Britain presented Australia with the original constitution as a Bi-Centenial gift, as it had long been redundant.
We are reminded of our republic status also with constant reference to our being a member of the United Nations, their Charter tells us that "The organisation is based on the principle of the sovereign equality of all its Members."
It is also time to inform the people that the Australia Act of 1986 "that severed the ties to the Monarchy" was about six decades after the event, and what actually occured in 1986 was that the people of Australia had their common law protection of Magna Carta and Bill of Rights removed.
Noel Mc Donald
Geelong