The McGarvie model is a proposition for change to the Australian Constitution to remove references to the monarchy and establish a republic. It is also known as the Australian Democracy Model .
70-721: The model was developed by former Governor of Victoria Richard McGarvie and originally submitted to the Republic Advisory Committee in 1993. At the Constitutional Convention of 1998, it was the second most popular model of the four voted upon. Under the McGarvie model, a Constitutional Council would appoint and dismiss the head of state, the Governor-General. The Constitutional Council would be bound to act in accordance with
140-461: A governor and hence a working knowledge of how the system of governorship actually functions in Australia . They claim it is straightforward, easily implemented, demonstrates twin requirements of practicality and principle, and keeps the separation of powers intact. Legal commentators have remarked that the McGarvie model is broadly consistent with the constitution's existing arrangements under
210-460: A governor-general ) formally appoints as the head of government whoever commands the confidence of the lower or sole house of the legislature and invites him or her to form a government. In the UK, this is known as kissing hands . Although the dissolution of the legislature and the call for new elections is formally performed by the head of state, the head of state, by convention, acts according to
280-420: A semi-parliamentary system . The Westminster system has a very distinct appearance when functioning, with many British customs incorporated into day-to-day government function. A Westminster-style parliament is usually a long, rectangular room, with two rows of seats and desks on either side. Many chambers connect the opposing rows, either with a perpendicular row of seats and desks at the furthermost point from
350-533: A consultative body. In other Westminster countries, however, the upper house can sometimes exercise considerable power, as is the case for the Australian Senate. Some Westminster-derived parliaments are unicameral for two reasons: Hong Kong , a former British crown colony and currently a special administrative region of the People's Republic of China , has a unicameral Legislative Council . While
420-515: A federal government at any time, loss of supply is sometimes, controversially, considered a suitable trigger for a dismissal (such as with the 1975 Australian constitutional crisis ). This is controversial because it conflicts with the Westminster tradition of government by a party with the confidence of the lower house (not an upper house like the Senate). Some political scientists have held that
490-597: A federal structure. Until Victoria obtained responsible government in 1855, the Governor-general of New South Wales appointed lieutenant-governors to Victoria. On Victoria obtaining responsible government in May 1855, the title of the then incumbent lieutenant-governor, Captain Sir Charles Hotham , became governor. There is also a lieutenant-governor and an administrator. The lieutenant-governor takes on
560-480: A means of advising, consulting and warning ministers in their actions. Such a practice takes place in the United Kingdom and India. In the UK, the sovereign holds confidential weekly meetings with the prime minister to discuss governmental policy and to offer his or her opinions and advice on issues of the day. In India, the prime minister is constitutionally bound to hold regular sessions with the president, in
630-463: A power similar to that held in the UK until 1911 by the House of Lords , which has since then been impossible, in the Westminster system. A government that has lost supply is severely restricted in its abilities to act; unless a solution can be negotiated and supply can be restored, such an occurrence would normally trigger a federal election. Since the governor-general , technically speaking, can dismiss
700-417: A similar manner to the aforementioned British practice. In essence, the head of state, as the theoretical executive authority, "reigns but does not rule". This phrase means that the head of state's role in government is generally ceremonial and as a result does not directly institute executive powers. The reserve powers of the head of state are sufficient to ensure compliance with some of their wishes. However,
770-677: Is Government House next to the Royal Botanic Gardens and surrounded by Kings Domain in Melbourne . The current governor of Victoria is Margaret Gardner , who succeeded Linda Dessau in August 2023. In accordance with the conventions of the Westminster system of parliamentary government, the governor nearly always acts solely on the advice of the head of the elected government, the premier of Victoria . Nevertheless,
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#1732771715013840-516: Is Jonathan Burke, the current deputy official secretary (operations) is Taara Olorenshaw and the current deputy official secretary (program) is Patrick Rundle. As with the other states, until the 1986 Australia Acts , the office of Governor of Victoria was an appointment of the British Foreign Office although local advice was considered and sometimes accepted. Until the appointment of Victorian-born Sir Henry Winneke in 1974,
910-428: Is a constitutional monarch ; he or she abides by the advice of his or her ministers, except when executing reserve powers in times of crisis. The sovereign's power to appoint and dismiss governments, appoint cabinet ministers to serve in the government, appoint diplomats , declare war , and to sign treaties (among other powers de jure held by the sovereign) is known as the royal prerogative , which in modern times
980-492: Is a type of parliamentary government that incorporates a series of procedures for operating a legislature , first developed in England . Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is separate from the head of government . The term derives from
1050-508: Is exceptional because the government faces a fully elected upper house, the Senate , which must be willing to pass all its legislation. Although government is formed in the lower house, the House of Representatives, the support of the Senate is necessary in order to govern. The Australian Senate is unusual in that it maintains an ability to withhold supply from the government of the day –
1120-544: Is exercised by the sovereign solely on the advice of the Prime Minister. This custom also occurs in other countries are regions around the world using the Westminster System, as a legacy of British colonial rule . In Commonwealth realms such as Canada, Australia and New Zealand, the day-to-day functions that would be exercised by the sovereign personally in the United Kingdom are instead exercised by
1190-524: Is imminent, a lot of time is taken up in the conversations of politicians and in the news media, speculating on who will, or will not, be moved in and out of the Cabinet by the Prime Minister, because the appointment of ministers to the Cabinet, and threat of dismissal from the Cabinet, is the single most powerful constitutional power which a Prime Minister has in the political control of the Government in
1260-789: Is in charge of maintaining Government House and its collections as a heritage and community asset of national importance. The official secretary is the Victorian nominee on the Council for the Order of Australia . The Office of the Governor was established under the Public Administration Act 2004 (Vic) as an administrative office within the portfolio of the Department of Premier and Cabinet . The current official secretary
1330-410: Is nominally exercised in their name. The head of government , usually called the prime minister or premier , will ideally have the support of a majority in the responsible house, and must, in any case, be able to ensure the existence of no absolute majority against the government. If the parliament passes a motion of no confidence , or refuses to pass an important bill such as the budget , then
1400-632: Is obliged to resign, e.g., when a re-elected Legislative Council passes again a bill that he or she had refused to sign. The waters of the Thames and of the Potomac both flow into Lake Burley Griffin . Australian constitutional law is, in many respects, a unique hybrid with influences from the United States Constitution as well as from the traditions and conventions of the Westminster system and some indigenous features. Australia
1470-490: Is the administrator. The lieutenant-governor takes on the responsibilities of the governor when that post is vacant or when the governor is out of the state or unable to act. The administrator takes on those duties if both the governor and lieutenant-governor are not able to act for the above reasons. See Governors of the Australian states for a description and history of the office of governor. The Official Secretary to
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#17327717150131540-476: Is usually where ministers or members of the house come to speak. Other ceremonies sometimes associated with the Westminster system include an annual Speech from the Throne (or equivalent thereof) in which the head of state gives a special address (written by the government) to parliament about what kind of policies to expect in the coming year, and lengthy State Opening of Parliament ceremonies that often involve
1610-699: The Australian system of government was consciously devised as a blend or hybrid of the Westminster and the United States systems of government , especially since the Australian Senate is a powerful upper house like the US Senate; this notion is expressed in the nickname "the Washminster mutation". The ability of upper houses to block supply also features in the parliaments of most Australian states . The Australian system has also been referred to as
1680-550: The British Empire , upon gaining self-government (with the exception of the United States and Cyprus ), beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890. It is the form of government bequeathed to New Zealand , and former British Hong Kong . Israel adopted a largely Westminster-inspired system of government upon declaring independence from
1750-476: The British Mandate of Palestine . However, some former colonies have since adopted either the presidential system ( Nigeria for example) or a hybrid system (like South Africa ) as their form of government. The Westminster system of government may include some of the following features: Most of the procedures of the Westminster system originated with the conventions , practices, and precedents of
1820-517: The British prime minister wished to dissolve Parliament in order for a general election to take place, the prime minister is constitutionally bound to request permission from the sovereign in order to attain such a wish. However, the sovereign in modern times has virtually always followed the advice of their prime minister without their own agency, this owes to the fact that the British sovereign
1890-680: The Governor remained the head of government until the transfer of sovereignty in 1997, when the role was replaced by the Chief Executive . Secretaries had remained to be chosen by the Chief Executive not from the Legislative Council, and their appointments need not be approved by the Legislative Council. Although essentially more presidential than parliamentary, the Legislative Council had inherited many elements of
1960-651: The High Court or judges of the Federal Court . The tenure of the head of state would be under the same arrangements as the existing practice for the current Governor-General . The head of state would also have the same range of powers as the current Governor-General , but, except for the reserve powers, they could only be exercised on the advice of the Federal Executive Council or a Minister . Otherwise there would be no codification of
2030-503: The House of Commons (under various names), comprising local, elected representatives of the people (with the only exception being elected entirely by nationwide Proportional Representation). Most also have a smaller upper house, which is made up of members chosen by various methods: In the UK, the lower house is the de facto legislative body, while the upper house practices restraint in exercising its constitutional powers and serves as
2100-649: The Palace of Westminster , which has been the seat of the Westminster Parliament in England and later the United Kingdom since the 13th century. The Westminster system is often contrasted with the presidential system that originated in the United States , or with the semi-presidential system, based on the government of France . The Westminster system is used, or was once used, in the national and subnational legislatures of most former colonies of
2170-635: The Parliament of the United Kingdom , which form a part of what is known as the Constitution of the United Kingdom . Unlike the uncodified British constitution, most countries that use the Westminster system have codified the system, at least in part, in a written constitution . However, uncodified conventions, practices, and precedents continue to play a significant role in most countries, as many constitutions do not specify important elements of procedure. For example, some older constitutions using
McGarvie model - Misplaced Pages Continue
2240-604: The Prime Minister's advice by a convention backed by the penalty of public dismissal for breach. The three members of the Constitutional Council, who can act by majority, are determined automatically by constitutional formula, with places going first to former Governors-General (with priority to the most recently retired), and excess places going (on the same basis) in turn to former state governors , lieutenant-governors (or equivalent), judges of
2310-576: The governor-general . In such nations, the prime minister is obligated to formally seek permission from the governor-general when implementing executive decisions, in a manner similar to the British system. An analogous scenario also exists in republics in the Commonwealth of Nations , such as India or Trinidad and Tobago , where there is a president who functions similarly to a governor-general. An unusual case lies in Israel and Japan , where
2380-400: The head of government. The pattern of executive functions within a Westminster system is quite complex. In essence, the head of state , usually a monarch or president, is a ceremonial figurehead who is the theoretical, nominal or de jure source of executive power within the system. In practice, such a figure does not actively exercise executive powers, even though executive authority
2450-414: The monarchy and that it requires the least change to constitutional practice. Some republicans have been critical of the appointment process in the McGarvie model and argue that a model without any public participation in its selection mechanism would not be successful in any referendum to change the constitution . Governor of Victoria The Governor of Victoria is the representative of
2520-436: The prime minister and the Council of Ministers . In Israel , however, executive power is vested de jure and de facto in the cabinet and the president is de jure and de facto a ceremonial figurehead. As an example, the prime minister and cabinet (as the de facto executive body in the system) generally must seek the permission of the head of state when carrying out executive functions. If, for instance
2590-402: The Cabinet are collectively seen as responsible for government policy, a policy termed cabinet collective responsibility . All Cabinet decisions are made by consensus, a vote is rarely taken in a Cabinet meeting. All ministers, whether senior and in the Cabinet, or junior ministers, must support the policy of the government publicly regardless of any private reservations. When a Cabinet reshuffle
2660-577: The Governor of Victoria is the head of the Office of the Governor which supports the Governor of Victoria in carrying out his or her official constitutional and ceremonial duties and community and international engagements. The official secretary manages the office and its administrative and service staff. All staff report to their respective managers, and through them to the Deputy Official Secretary and Official Secretary. The office also
2730-554: The Legislative Councils in British Australasian and North American colonies were unelected upper houses and some of them had since abolished themselves, the Legislative Council of Hong Kong has remained the sole chamber and had in 1995 evolved into a fully elected house, yet only part of the seats are returned by universal suffrage. Responsible government was never granted during British colonial rule, and
2800-489: The Speaker's Chair at the opposite end of the chamber (e.g. UK House of Lords or Israel Knesset) or the rows of chairs and desks are rounded at the end, opposite to the Speaker's Chair (e.g. Australian chambers, Ireland, South Africa, India). The chairs in which both the government and opposition sit, are positioned so that the two rows are facing each other. This arrangement is said to have derived from an early Parliament which
2870-430: The Westminster system do not mention the existence of the cabinet or the prime minister, because these offices were taken for granted by the authors of these constitutions. Sometimes these conventions, reserve powers , and other influences collide in times of crisis and in such times the weaknesses of the unwritten aspects of the Westminster system, as well as the strengths of the Westminster system's flexibility, are put to
McGarvie model - Misplaced Pages Continue
2940-495: The Westminster system, including parliamentary powers, privileges and immunity, and the right to conduct inquiries, amongst others. Minutes are known as Hansards, and the theme colour of the meeting chamber is red as in other upper houses. Government secretaries and other officials are seated on the right hand side of the President in the chamber. The Chief Executive may dissolve the Legislative Council under certain conditions, and
3010-416: The Westminster system. The Official Opposition and other major political parties not in the Government, will mirror the governmental organisation with their own Shadow Cabinet made up of Shadow Ministers . In a Westminster system, some members of parliament are elected by popular vote, while others are appointed. Nearly all Westminster-based parliaments have a lower house with powers based on those of
3080-548: The advice of the premier. Since the passage of the Australia Acts 1986 , it is the governor and not the monarch who exercises all the powers of the head of state and the governor is not subject to the direction or supervision of the monarch but acts upon the advice of the premier. Upon appointment, the governor becomes a viceroy . The governor's main responsibilities fall into three categories – constitutional, ceremonial and community engagement. The personal standard of
3150-492: The area was called the Port Phillip District of New South Wales . The Governor of New South Wales appointed superintendents of the district. In 1839, Charles La Trobe was appointed superintendent. La Trobe became lieutenant-governor of the new colony of Victoria on separation on 1 July 1851. From 1850 to 1861, the Governor of New South Wales was titled Governor-general of New South Wales in an attempt to form
3220-420: The centre. The governor's standard is flown at Government House and on vehicles conveying the governor. The standard is lowered over Government House when the governor is absent from Victoria. There is also a lieutenant-governor and an administrator. The chief justice of Victoria is ex officio the administrator, unless the chief justice is the lieutenant-governor, in which case, the next most senior judge
3290-446: The constitutional conventions. The only eligibility requirement for a head of state under the McGarvie model would be Australian citizenship because the process for selecting the head of state is designed to ensure a non-political head of state. Supporters of the model claim that, although described as "no-risk but uninspiring" and occasionally as "elitist", it has the considerable advantage of being developed by one with experience as
3360-404: The executive as the head of government is ultimately the person from whom the head of state will take advice (by constitutional convention) on the exercise of executive power , including the appointment and dismissal of cabinet members. This results in the situation where individual cabinet members in effect serve at the pleasure of the prime minister. Thus the cabinet is strongly subordinate to
3430-410: The extent of such powers varies from one country to another and is often a matter of controversy. Such an executive arrangement first emerged in the United Kingdom. Historically, the British sovereign held and directly exercised all executive authority. George I of Great Britain (reigned 1714 to 1727) was the first British monarch to delegate some executive powers to a prime minister and a cabinet of
3500-462: The floor in front of the government and opposition benches that members may cross only when exiting the chamber. At one end of the room sits a large chair, for the Speaker of the House . The speaker usually wears black robes, and in some countries, a wig . Robed parliamentary clerks often sit at narrow tables between the two rows of seats, as well. These narrow tables in the centre of the chamber,
3570-479: The following: One of five countries other than the UK to use a Westminster system with a native monarch , along with Japan, Lesotho, Malaysia, and Thailand. One of five countries other than the UK to use a Westminster system with a native monarch , along with Denmark, Lesotho, Malaysia, and Thailand. One of five countries other than the UK to use a Westminster system with a native monarch , along with Denmark, Japan, Malaysia, and Thailand. The Westminster system
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#17327717150133640-417: The formal powers of monarchs, governors-general, and presidents vary greatly from one country to another. However, as sovereigns and governors-general are not elected, and some presidents may not be directly elected by the people, they are often shielded from any public disapproval stemming from unilateral or controversial use of their powers. In many Commonwealth realms a governor-general formally represents
3710-405: The government must either resign so that a different government can be appointed or seek a parliamentary dissolution so that new general elections may be held in order to re-confirm or deny the government's mandate. Executive authority within a Westminster system is de jure exercised by the cabinet as a whole, along with more junior ministers , however, in effect, the head of government dominates
3780-695: The governor of Victoria is the same design as the state flag of Victoria , but with the blue background replaced by gold, and red stars depicting the Southern Cross. Above the Southern Cross is the Royal Crown. The current standard has been in place since 1984. Previously, the standard used by Victorian governors after 1870 had been the Union Jack with the Badge of the State of Victoria emblazoned in
3850-510: The governor retains the reserve powers of the Crown, and has the right to dismiss the premier. The governor is appointed by the monarch , on the advice of the premier of Victoria, to act as the monarch's representative as head of state in Victoria. The governor acts " At His Majesty's pleasure ", meaning that the term of the governor can be terminated at any time by the monarch acting upon
3920-583: The governors of Victoria were British. Since then, governors have been Australian although several were born overseas, namely Davis McCaughey (born in Ireland) came to Australia for work and David de Kretser (born in Ceylon , now Sri Lanka ) and Alex Chernov (born in Lithuania ), both of whom came to Australia while at school. Prior to the separation of the colony of Victoria from New South Wales in 1851,
3990-556: The ministers, largely because he was also the monarch of Hanover in Germany and did not speak English fluently. Over time, further arrangements continued to allow the execution of executive authority on the sovereign's behalf and more and more de facto power ended up lying in the Prime Minister's hands. Such a concept was reinforced in The English Constitution (1876) by Walter Bagehot , who distinguished between
4060-422: The monarch, currently King Charles III , in the Australian state of Victoria . The governor is appointed by the monarch on the advice of the premier of Victoria . The governor's role is to represent the monarch. This role mainly includes performing ceremonial functions, such as opening and dissolving parliament , appointing the cabinet and granting royal assent . The governor's office and official residence
4130-530: The monarch, who is usually absent from the realm. In such countries, the identity of the "head of state" may be unclear. In the book The English Constitution , Walter Bagehot emphasised the divide of the constitution into two components, the Dignified (that part which is symbolic) and the Efficient (the way things actually work and get done), and called the Efficient " Cabinet Government ". Members of
4200-559: The next most senior judge is the administrator. The administrator takes on the governor's duties if both the governor and lieutenant-governor are not able to act for the above reasons. The current lieutenant-governor is James Angus , who was appointed to the role on 12 November 2021 to succeed Ken Lay . Margaret Beazley Margaret Gardner Jeannette Young Chris Dawson Frances Adamson Barbara Baker Hugh Heggie George Plant Farzian Zainal Westminster system The Westminster system , or Westminster model ,
4270-430: The powers and functions of the governor. If expecting to be unavailable for a short period only, the governor, with the consent of the premier, usually commissions the lieutenant-governor to act as deputy for the governor, performing some or all of the powers and functions of the governor. The chief justice of Victoria is ex officio the administrator, unless the chief justice is the lieutenant-governor, in which case
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#17327717150134340-460: The presentation of a large ceremonial mace . Some legislatures retain Westminster's colour-coded chambers, with the upper houses associated with the colour red (after the House of Lords) and the lower with green (after the House of Commons). This is the case in India, Australia, Canada, New Zealand, and Barbados. Countries that use variations on the theme of the Westminster system, as of 2023, include
4410-475: The prime minister as they can be replaced at any time, or can be moved ("demoted") to a different portfolio in a cabinet reshuffle for "underperforming". In the United Kingdom, the sovereign theoretically holds executive authority, even though the prime minister and the cabinet effectively implement executive powers. In a parliamentary republic like India, the president is the de jure executive, even though executive powers are essentially instituted by
4480-542: The respective prime ministers have the full legal power to implement executive decisions, and presidential (in Israel) or imperial (in Japan) approval is not required; the prime ministers of these nations are fully the de jure source of executive authority, and not the head of state. The head of state will often hold meetings with the head of government and cabinet, as a means of keeping abreast of governmental policy and as
4550-466: The responsibilities of the governor when that post is vacant or when the governor is out of the state or unable to act. The lieutenant-governor is appointed by the governor on the advice of the premier of Victoria. Appointment as lieutenant-governor does not of itself confer any powers or functions. If there is no governor or if the governor is unavailable to act for a substantial period, the lieutenant-governor assumes office as administrator and exercises all
4620-705: The separate "dignified" and "efficient" functions of government. The sovereign should be a focal point for the nation ("dignified"), while the PM and cabinet actually undertook executive decisions ("efficient"). The electoral system is often set out in a Representation of the People Act . Common ministerial titles include parliamentary secretary and under-secretary . Ministers are supported by private secretaries and government departments are run by permanent secretaries , principal secretaries or chief secretaries . The head of state or their representative (such as
4690-497: The test. As an illustrative example, in the Australian constitutional crisis of 1975 , the Governor-General of Australia, Sir John Kerr , dismissed Prime Minister Gough Whitlam and replaced him with opposition leader Malcolm Fraser . Usually the leader of the largest party in the lower house (legislature if unicameral). Formed by the largest party/coalition in the lower house (legislature if unicameral), and led by
4760-517: The wishes of the head of government. A president, monarch, or governor-general might possess clearly significant reserve powers . Examples of the use of such powers include the Australian constitutional crisis of 1975 and the Canadian King–Byng affair in 1926. The Lascelles Principles were an attempt to create a convention to cover similar situations, but have not been tested in practice. Because of differences in their written constitutions,
4830-414: Was adopted by a number of countries which subsequently evolved or reformed their system of government departing from the original model. In some cases, certain aspects of the Westminster system were retained or codified in their constitutions. For instance South Africa and Botswana , unlike Commonwealth realms or parliamentary republics such as India, have a combined head of state and head of government but
4900-456: Was held in a church choir . Traditionally, the opposition parties will sit in one row of seats, and the government party will sit in the other. In some countries, the mace will face the government’s side whilst lying on the table of the House. In most majority governments , the number of government-party MPs is so large that it must use the "opposition" seats as well. In the lower house at Westminster (the UK's House of Commons) there are lines on
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