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Topic: McGarvie Model


  
  Australian Republican Movement - History - Convention - Linda Kirk Speech 11/2/98
The McGarvie model itself provides for dismissal of a head of state by a constitutional council on the advice of the Prime Minister.
The problem with this model is that it does not satisfy the McGarvie principle - that is, dismissal of a head of state is not immediate but relies on a vote of the House of Representatives.
This is unlike the ARM model, which requires mere ratification of the Prime Minister's decision by the House of Representatives.
www.republic.org.au /ARM-2001/history/conv/spch/kirk.html   (968 words)

  
  The Sovereign Council Model - Referendum Proposal
Minimalist models propose the abolition of the Sovereign and tend to favour the renaming of the Governor-General as President.
Models proposing the direct election of a non-executive President propose the abolition of the Sovereign and the renaming of the Governor-General as President.
Models proposing the direct election of an executive President propose the abolition of the Sovereign and the renaming of the Governor-General as President.
members.tripod.com /~petergc/ConstRef/SCExplanation.htm   (4709 words)

  
 Process model (Australia) - Wikipedia, the free encyclopedia
In Australia, process models are devised to involve the public in republicanism.
McGarvie's preferred process involved asking all the parliaments of Australia to establish model development committees, which would design very detailed models.
The winning model for each jurisdiction would be put to a special referendum which would change the Federation and the States simultaneously into a republic.
en.wikipedia.org /wiki/Process_model_(Australia)   (1797 words)

  
 CONSTITUTIONAL CONVENTION - Wednesday, 4 February 1998
In relation to dismissal by the Prime Minister, sanctioned by the House of Representatives, this is, in the spirit of compromise, a move towards the McGarvie model.
One is McGarvie; one is the hybrid model.
Those four models are the so-called McGarvie one, the ARM one, the ACM one and the general Elect the President proposition.
www.australianpolitics.com /issues/republic/convention/04_02_5.shtml   (9162 words)

  
 THE MONARCHIST LEAGUE IN ACTION
This model was proposed by the Australian Republican Movement led by Malcolm Turnbull and was called the 'Bi-partisan Appointment of the President Model', The second was a republic where the head of state was to be elected by direct election by the people.
The third model was that proposed by the Honourable Richard McGarvie in which the head of state was to be appointed by a Constitutional Committee on the advice of the Prime Minister.
The third model to be eliminated was the McGarvie model in which the head of state was to be appointed by a 'Constitutional Committee' after the nomination by the Prime Minister.
www.monarchist.org.au /garland1.htm   (1491 words)

  
 Alumni Profile, Kellogg World Alumni Magazine, Summer 2002, Kellogg School of Management
McGarvie also enjoys the opportunity to make a difference through her role at the company.
At Sara Lee, McGarvie experienced a defining challenge in her career when she was asked to perform the due diligence during an acquisition of a Finnish company.
But as she worked on the case, the situation was different from the projections in the acquisition model, even though a signed letter of intent had already been sent.
www.kellogg.northwestern.edu /kwo/sum02/facultynews/mcgarvie.htm   (629 words)

  
 Australian Republican Movement: ACT and Surrounding Regions - Talks breathe new life into an old dream - John Warhurst
McGarvie had made the absolutely minimalist proposal that was unsuccessful at the 1998 Constitution Convention.
The original idea that the conference would debate his own model was overtaken by a process in which participants chose from among a number of suggestions.
McGarvie wanted much greater involvement for state parliaments and for the Council of Australian Governments, and, initially, proposed that unanimity (rather than the usual referendum double majority) should be required before a republic was adopted.
act.republic.org.au /corowa1.htm   (929 words)

  
 The Law Report: 26 October  1999  - THE REPUBLIC REFERENDUM; JUVENILE JUSTICE - A JUDGE'S PERSPECTIVE
This week RICHARD McGARVIE, former Supreme Court Justice and Governor of Victoria, whose model for a republic (a minimalist republic - the McGarvie Model) got the second highest number of votes at the 1998 Constitutional Convention explains why he'll be voting "NO" on November 6.
Richard McGarvie: The fourth of the fundamental flaws is that what has been an exception to a convention, the reserve authority has allowed a malfunction to be referred to parliament or people, will be converted into law.
With a model that has got those four basic flaws I've discussed, a model that could only draw 73 votes from 152 delegates, if it got through the prospect of it getting through with an overall majority, but not a majority in every State, would be high.
www.abc.net.au /rn/talks/8.30/lawrpt/stories/s62133.htm   (3969 words)

  
 [No title]   (Site not responding. Last check: 2007-11-07)
McGarvie called Turnbull \rquote s republic model \lquote The Turnbull camel model\rquote ; Hayden said its nomination committee was \lquote a committee of wizards and warlocks }{\field\fldedit{\*\fldinst {\f4\lang0 ADDIN ENRfu }{\f4\lang0 {\*\datafield 42004300330045004600350034004600300030003800340041003300360038003500360031003000300030003000380033003200430046003600350036004500370032003600360030003000330039003500380042003200430044003000330033004600390030003000410030003200300030003000300030003000310035 00300033004200380031003100370043003000320030003000300030003000300031004200350042003500300034004400320036003400330032004300320030003300310033003900330039003300380032003000320033003300320033003100330041003200300033003800330033003300390032004300320030003300 38003300330033003500350044003000300030004300300030003000300030003000000000000000000000000000}}}{\fldrslt {\f4\lang0 (PM&C 1998, 839, 835)}}}{\f4\lang0.
Hence model A was Gallop, B was Hayden, C was McGarvie, and D was Turnbull.
One republic model (Turnbull Mini) was supported by up to 50% of delegat es voting in ballot five, but in ballot eight, the tally was 48% for, 38% against, and 14% Abstain.
apsa2000.anu.edu.au /confpapers/kreibig.rtf   (4274 words)

  
 Of Conventions And Constitutional Change - [1998] UNSWLJ 11
Models proposed by Bill Hayden and the Direct Presidential Election Group were the first to be rejected.
Second, the parliamentary appointment model was thought more likely to avoid the head of state believing he or she had a popular mandate for independent action.
The ARM model indirectly countered this criticism by adopting a provision entitling the prime minister to dismiss the president, although at risk of an election if the House refused to endorse the action within 30 days.
www.austlii.edu.au /au/journals/UNSWLJ/1998/11.html   (1720 words)

  
 The 1998 Convention: A Reprise Of 1898? - [1998] UNSWLJ 14
However, the Convention model overcomes this by requiring the Prime Minister's nomination of a presidential candidate to be seconded by the Leader of the Opposition, thereby ensuring bipartisan support.
Like the McGarvie model, the Convention's removal mechanism suffers from the vital structural weakness that presidential removal depends upon prime ministerial action which could be thwarted by pre-emptive presidential dismissal of the Prime Minister.
The Convention's failings are largely attributable to two factors: insufficient attention was devoted to the details of the republican model, and the ARM conceded too much to the Prime Minister and other supporters of the McGarvie model in a futile attempt to secure their support.
www.austlii.edu.au /au/journals/UNSWLJ/1998/14.html   (4827 words)

  
 Introduction to the Honorary President Republican Model
There is more to be developed, but the model generally follows the Honorary President and Sovereignty models, except that the states have a greater influence over the administration of the of the office through a commission.
This model follows the Honorary President model in a general way, except that the President is the principle actor in an elected constitutional council.
Understanding the McGarvie model is the first step in understanding the difference between a practicable model, developed for Australian conditions and a model which is a hacked import.
www-personal.usyd.edu.au /~dlatimer/honpres/main/models.html   (314 words)

  
 The Samuel Griffith Society: Volume 11: Chapter Two
The aim of the McGarvie model was to provide a mechanism for Australia to become a republic while preserving intact all of the principles and procedures and virtues of our present monarchical Constitution.
The Hon Richard McGarvie, former Governor of Victoria and former Judge of the Supreme Court of Victoria, was an appointed delegate to the 1998 Constitutional Convention.
The essential feature of the McGarvie republican model was that the role of the Monarch in the appointment and dismissal of the Governor-General under the present Constitution would be undertaken by a Constitutional Council in the appointment and dismissal of the President under a republican Constitution.
www.samuelgriffith.org.au /papers/html/volume11/v11chap2.htm   (4737 words)

  
 ozpolitics.info   (Site not responding. Last check: 2007-11-07)
This model is likely to get bipartisan political support in the context of a referendum to change the current constitution.
This model does not satisfy what the opinion polls suggest is the preferred model - a President elected by popular vote.
While this model seeks to ensure the head of State won't be tempted to interfere politically, it does not succeed.
www.ozpolitics.info /topics/republic-models.htm   (3962 words)

  
 [No title]
The good aspects of the model were: its simplicity and retention of the virtues of the present system in a republic; and, its avoidance of the politicisation of the office of head of state.
The McGarvie model, also called the Australian democracy model, makes the necessary update by untying the remaining connection with Britain and patriating the office of formal head of state to Australia.
In an Australian republic based on the McGarvie model the Queen's remaining active duty- to appoint or dismiss a governor-general or governor as advised by the prime minister or state premier-will go in each system to its constitutional council of three Australians.
www.ala.asn.au /docs/mcgarvie.html   (2486 words)

  
 CONSTITUTIONAL CONVENTION - Thursday, 12 February 1998
Their model has obviously been designed in a rush to get the numbers on the floor of this Convention, not to maintain the strengths and safeguards of our democracy for future generations.
If that model is the one that we cannot call the ARM model and we cannot call the Turnbull model, but we may well be able to call the model of the bench of bishops, then so be it - I will look at the model of the bench of bishops.
I noticed that Mr McGarvie cited as a merit of his model that it involved the decisions of one being implemented by another - that is to say, the decision of the Prime Minister would be implemented by a constitutional council.
www.australianpolitics.com /issues/republic/convention/12_02_02.shtml   (6978 words)

  
 Transcript of Proceedings - 05/02/98 HTML Page 12   (Site not responding. Last check: 2007-11-07)
If the McGarvie model is to be adopted, we will get a rigid structure and lose one of the greatest strengths of our constitution- we will lose its flexibility.
I point out to Mr McGarvie's supporters that delegates who stood to the people of their state for election to this Convention on the McGarvie model, such as Mr Mike Evans in Queensland, only attracted a few votes.
The McGarvie model has been adequately covered by Dame Leonie Kramer this morning, but I would repeat that the process of appointing the McGarvie model through a committee of elders or wise persons would not be as confidential or would run the risk of not being as confidential.
www.suncoast.com.au /republic/convention/proc/hansard_0502_12.html   (3602 words)

  
 Republicanism in Australia   (Site not responding. Last check: 2007-11-07)
The most notable model of this type is the McGarvie Model while Copernican Models replace the Queen with a directly-elected figurehead.
Four republican models were debated: two involving direct election of the head of state; one involving appointment by the Prime Minister (the McGarvie Model); and one involving appointment by a two-thirds majority of Parliament (the bi-partisan appointment model).
The report examined the contest between minimalist and direct-election models and gave attention to hybrid models such as the Electoral College Model, the Constitutional Council Model and models having both an elected President and a Governor-General.
www.qq818.info /en/Republicanism_in_Australia.htm   (2930 words)

  
 Democracy: page 207   (Site not responding. Last check: 2007-11-07)
As Malcolm Turnbull said at the Constitutional Convention: 'This model is a blindingly obvious minimal development.
The McGarvie model was designed as a form of government which would be the republican equivalent of the present monarchic system, which has served democracy so well in Australia.
The model continues the same positions of Governor-General and Governor, still operating in the same setting and subject to the same influences and controls under which they have operated for decades.
www.mup.unimelb.edu.au /democracy/207.html   (249 words)

  
 Paper 31
People remember from the Constitutional Convention that it was the McGarvie model that eliminated both direct election models and finished as runner-up to the Turnbull model.
Many are aware that because it makes only the changes necessary to convert to a republic, the McGarvie model has none of the Turnbull model's flaws and preserves the strength of one of the world's best democracies.
With rejection of the Turnbull model the choice will be between a direct-election model and one such as the McGarvie model.
www.chilli.net.au /~mcgarvie/paper31.htm   (837 words)

  
 HOLDENREPUBLIC.org.nz: Referenced Books   (Site not responding. Last check: 2007-11-07)
During the 1999 Australian republic debate, the McGarvie model was a popular alternative to both direct and indirect election of an Australian President.
The McGarvie model, recognising the paramount need to maintain our democracy, changes the present system only so far as necessary to convert it to the republican equivalent of that system, with the same operation and safeguards.
With the model also applied so that the Governor becomes the actual head of state of each State, Australia will be entirely a republic.
www.holdenrepublic.org.nz /books.html   (1244 words)

  
 Copernican Republic Forum
The view of the Copernican Group is that the States have an important role in the Australian federation and models developed by the group readily address the issue of how a State should break its ties with the monarchy.
Peter CardenĀ investigates the implications of republicanism for the States and discovers how the Copernican paradigm is not only respectful of state independence; it could give states a major role in defining the Presidency.
Many will say this is impossible, however under this model the Governors and Governor-General would still be there as constitutional umpires, impartial yet able to exercise reserve powers.
www.7gs.com /copernican   (531 words)

  
 Jane Innes Article
Richard McGarvie AC QC ‘We are at a stage where there is a lot of support for separating from the monarchy.
In relation to the recognition and participation of women my preferred model would provide that for the next fifty years, if the formula does not operate to have a woman in the first two places, then the third place will go to the woman who is highest in the structural line.
The model I prefer is the President being elected by the Parliament.
www.womenrep.netspeed.com.au /articles/JaneInnes.htm   (5907 words)

  
 Democracy: page 231
35 The model would have similar problems in respect of the appointment and dismissal of state Governors.
A model similar to the Sinclair model has also been suggested, in which a Council of serving Governors would appoint or dismiss the Australian head of state as advised by the Prime Minister.
In my model the practical penalty for breach by members of the Constitutional Council is automatic dismissal from the Council in circumstances
www.mup.unimelb.edu.au /democracy/231.html   (369 words)

  
 Chung Wah News - April 1998 Constitutional Convention   (Site not responding. Last check: 2007-11-07)
The most contentious issue, the meat of the republican sandwich (apologies to vegetarians!), was which republican model should be put in a referendum against the status quo.
The "mini" McGarvie model was the next to go, leaving the "midi" bipartisan parliamentary election model left standing.
I believe it is the model which best comprises components of the different models: it includes some form of public participation, ensures bipartisan support, whilst maintaining the safeguards of our current system.
www.nw.com.au /~ysyow/chungwah/1998/04/constitu.html   (713 words)

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