A viable alternative
How's this for an option? Create an Australian Council from the six State Governors/Vice Presidents and have them choose one member to become the Head of State for a given period. The State from whom the member is chosen would appoint a replacement Governor/Vice President.
This would be in line with the federalist concept of Australian politics and avoid a divisive political and money oriented popular election process akin to the farce of the US Presidential election.
There is no way a popular election can avoid getting contaminated by politics and money.
The Australian Council would be a non-executive body with the responsibility of ensuring all legislation coming out of Parliament conforms to the Constitution, and when agreed, allow the Head of State to give assent. This takes the power out of the hands of one person and puts it in the hands of seven eminent Australians of the highest character. The Head of State would only have one executive authority in the capacity as Commander in Chief of the Defence Forces - he/she would be able to declare Australia in a state of war if Australia were to come under direct military attack from a foreign Government.
All other executive authority is vested in the Australian Parliament. The Australian Council would act as the body of last resort and would be empowered to recommend a review of any verified and justified issue presented to them, whether judicial, bureaucratic or political, but the Council would not have the authority to enforce their review. Any decision by the parties involved would be final. The Head of State would chair the Council but would not have a casting vote. Any evenly split would be decided in the negative, as there are obviously concerns regarding the issue.
One of the ancillary issues regarding executive authority is requiring all decision of the full bench of the High Court to be by unanimous agreement. If unanimity can’t be reached the Court must return the issue to the Parliament for resolution. The seven unelected members of the High Court do not have executive authority to make law. There is no justification in saying a majority opinion is any more correct than a minority opinion – they are simply opinions and are not based on legalese.
A further improvement in relation to the High Court would be to have each State appoint a judge and one judge from the combined Territories. The appointee should be chosen with the support of the legal fraternity of the respective States and the Territories and independently of the Government.
In order to minimise the political influence in the selection of the State Governors/Vice Presidents, it would be advisable to have their appointment approved by a two thirds majority vote of the State Parliaments.
This is a brief summary from the draft of the new Constitution. PDF copies of the new book "Australia's Constitutional Journey to Independence" are available to anyone
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