The Federation Press

Constitutional Perspectives on an Australian Republic

Essays in Honour of Professor George Winterton

Overview

What are the key legal and constitutional issues that would arise if Australia attempted to switch from a constitutional monarchy to a republic?

Stephen Gageler writes on the limits of section 128; Anne Twomey on “One In All In” — can a Commonwealth referendum to create a republic also convert State constitutions to a republican form; Sarah Murray examines the “Winterton” minimalist approach, Cheryl Saunders the Direct Election model; Peter Johnston investigates whether republican States can exist in a federal monarchy and Janine Pritchard the reverse — monarchical States in a federal republic; Alan Fenna explores the political science considerations and Jim Thomson the problems posed for drafters.

Chief Justice French dedicates the book to the late George Winterton, Chief Justice Martin introduces it and Greg Craven wraps it all up with characteristic aplomb.

Table of Contents

Dedication to George Winterton - Chief Justice Robert French

Velvet to Father of the Republic - A Brother’s Tribute
Peter Winterton
Introduction
Chief Justice Wayne Martin

Part 1: The Amendment Process
Amending the Commonwealth Constitution Through Section 128 – A Journey Through Its Scope and Limitations
Stephen Gageler
One In, All In - The Simultaneous Implementation of a Republic at Commonwealth and State Levels
Anne Twomey

Part 2: Implementing Models
The Minimalist Winterton Model
Sarah Murray
Beyond Minimalism
Cheryl Saunders

Part 3: The States Doing It For Themselves
Going it Alone – Republican States Under a Monarchical Commonwealth
Peter Johnston
Monarchical States under a Republican Commonwealth
Janine Pritchard

Part 4: Political Science and Drafting Issues
The Incremental Republic
Alan Fenna
Drafting Australian Constitutions: Historical Perspectives and Future Paths
James A Thomson

Part V: Conclusion
A Gripping Discussion on the Road to Nowhere?
Greg Craven
Bibliography of Republican Works of Professor George Winterton
Jackie McArthur

Table of Cases
Table of Statutes
Index

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