Additionally, the. Certainly this was partly because, from July July and. However, the presence of minor political parties has. The Hawke Government , for instance, was anxious to avoid the turmoil that be set. The Budget negotiations reflect well the post-. It should be noted, however, that although the se actors. Any lesson absorbed from the Whitlam dismissal. The dismissal of the Whitlam Government in arose from an extraordinary, but not. This is not to say that the.
It is the. It is crucial that the se. This remains the central lesson of the Whitlam dismissal , and. Australian Democrats. London and Melbourne: Heinemann. Cooray, L. Conventions, the Australian Constitution and the future. Sydney: Legal. Forsey, Eugene. In Evatt and Forsey on the reserve powers. Sydney: Legal Books. Healy, Margaret. What deadlock? Section 57 at the Centenary of. Howard, Colin and Saunders, Cheryl.
In Labor and the Constitution London and. Kerr, John. Appendix C in Labor and the Constitution Parkin, Andrew and Summers, John. In Government ,. Republic Advisory Committee. An Australian republic: the options. Volume 1 — the.
Sexton, Michael. The great crash: The short life and sudden death of the. Smith, Sir David. Government , Politics, Power and Policy in Australia, 8 th ed. Watson, Don. Recollections of a bleeding heart. Sydney: Random House. Winterton, George.
Parliament, the executive and the Governor-General: A. Young, Liz. Australian Journal of Political Science. Zines, Leslie. In Labor and the Constitution. Why or why not? The dismissal of the Whitlam Government in November is the first, and presently, the only time in Australia that the Governor-General has terminated the commission of a Prime Minister who retained the confidence of the House of Representatives. This essay will consider what led to the dismissal of Gough Whitlam , and with what power a Governor-General was able to remove a Prime Minister.
Finally, if the circumstances of the Whitlam dismissal are found to be replicable, and thus of relevance to Australian politics, this essay will highlight some lessons that have been and may yet be adopted. Inflation and unemployment was increasing and both the Deputy Prime Minister and ano the r senior minister had been removed from cabinet Sexton Section 53 of the Australian Constitution provides the authority for the Senate to block supply: money bills may not originate in or be amended by the Senate but the y may be rejected the re.
The Senate was Oppositioncontrolled because of casual vacancies in two Labor Senate seats in , which were filled by an Independent and an anti- Whitlam Labor party member, appointed by the New South Wales and Queensland governments respectively. These appointments were made by non-Labor governments which disregarded the convention that casual appointees to the Senate should be from the same party as the individual who created the vacancy Cooray Page 2 of 9 Online resources for Miragliotta et al: Australian Political System in Action Sample essay Whitlam , in an attempt to resolve the deadlock, sought to formally advise Kerr to hold a half-Senate election; instead, Kerr dismissed Whitlam and commissioned Fraser to form a caretaker government.
In doing this, Kerr drew upon the reserve powers of the Crown and its representatives to act independently of advice, a power undoubtedly available to him and regulated only by convention Forsey 3. It is this concept, convention, which is crucial in determining whe the r the dismissal of the Whitlam government arose from a unique set of circumstances.
Constitutional conventions stripped of the ir cloak of Westminster tradition become mere political practice, in which power is exercised by actors because of a variety of desires, and human desires endure. Consequently, any power exercised by actors in Australian politics in that was governed only by convention and remains solely governed by convention in can be replicated.
One such set of powers, the reserve powers held by the Governor-General, are not dependent upon the of fice holder, and today Quentin Bryce has the same power to remove the Prime Minister as John Kerr did in Sections 61, 62 and 64 of the Constitution provide the legal basis for any Governor-General to commission and dismiss governments Parkin and Summers The dismissal of the Whitlam Government was not the first time that a government had been dismissed by a representative of the Crown; in the Governor of New South Wales, Sir Phillip Game, dismissed the Lang Government , which the n lost the subsequent election Evatt In recognition that convention did not ensure that pro- Whitlam Labor party members were appointed to Senate casual vacancies by State governments in , the Constitution was amended in to ensure that future vacancies would be filled by individuals with the same party affiliation as the member who created the vacancy.
Despite this change, section 53 of the Constitution still provides the authority for the Senate to block supply and thus force the removal of a government, regardless of whe the r it retains the confidence of the House. The practice was not only confined to Federal politics; in and the Victorian Legislative Council blocked supply with the intent of forcing an election on the Legislative Assembly Cooray , The fact that the Senate has not blocked supply since does not mean that it is unable to do so as section 53 remains unchanged since the dismissal.
Today, as in , the Opposition in the Senate, acting in support of the Opposition in the House, can block supply for political gain, which includes forcing a government to hold elections. It is clear that two primary aspects of the dismissal of the Whitlam Government remain a fact of Australian politics, 34 years after it took place, and are thus worth careful study by those who would seek to avoid or achieve a repetition of that dismissal.
In evaluating what particular lessons may be derived from such a study, it is important to consider the difference between actor and institution, that is, the individual and the of fice of the Governor-General, as well as the individuals who comprise Parliament and the body which is described and empowered in the Constitution. The examination of the se behavioural changes will reveal the lessons absorbed by successive Parliaments and Governors-General, to avoid a repetition of November Prior to his appointment, John Kerr revealed his ideas on the independent power which a Governor-General should wield.
Kerr as actor was more than Page 5 of 9 Online resources for Miragliotta et al: Australian Political System in Action Sample essay willing to use the reserve powers, as conceivably could any o the r individual appointed to that position in Regardless of the reserve powers still available to a Governor-General, no government today would consider appointing an individual to that post who held the same ideas of a powerful Governor- General as Kerr did.
Additionally, the opprobrium endured by Kerr has served as a warning to Governors-General that the ir position should remain largely ceremonial. William Deane, for example, insisted that he could only act on advice, regardless of his available reserve powers Stephens Certainly this was partly because, from July July and from July — present, nei the r the Coalition nor the Labor party held a majority in the Senate Young However, the presence of minor political parties has encouraged a less adversarial approach to government-Senate relations Stock ; Summers 60 , and nei the r House has seemed willing to repeat the events of The Budget negotiations reflect well the post- Senate behaviour, with nei the r minor party adopting the practices of partisan Page 6 of 9 Online resources for Miragliotta et al: Australian Political System in Action Sample essay politics Young It should be noted, however, that although the se actors displayed new behaviours, the House of Representatives does not appoint the Senate, and thus does not have the same control as the Prime Minister does over the appointment of the Governor-General.
Any lesson absorbed from the Whitlam dismissal and reflected in improved House-Senate relations may be ephemeral without institutional change. There are no guarantees that a current willingness to compromise will endure Healy The dismissal of the Whitlam Government in arose from an extraordinary, but not a unique , set of circumstances and may be repeated today.
Constitutionally this was possible since the Constitution did not explicitly state. However, Whitlam rightfully believed that. However in this. If the Senate could exercise. These events proceeding the dismissal serve as an example of the tension that. The Governor General in trying to solve the supply problem consulted the Chief. He then consulted Fraser with out the knowledge of Whitlam. Governor-General at this point appointed him as a caretaker Prime Minister and. The Senate. The Constitution in theory, gives the Governor General sweeping powers.
He is. As specified. General in Council may establish. Such officers shall hold office during he. Barwick had justified the dismissal on the grounds that Whitlam had lost the. They argued that. This move by the Governor General however was in direct contradiction to the. The Governor General further broke with convention in failing to follow advice. As a representative of the Queen, the British Foreign. Office and the Commonwealth Crown Law Office had been advised that.
Therefore the Governor General had broken the guidelines. Kerrs argument that Whitlam had failed to obtain supply was also flawed. At the. Should he have given him more. Given this time,. Liberal Senators themselves could have turned against them for their unethical. They also had to consider public opinion which was already. It seemed very unlikely that the Senate could block the supply for. And even if it had come to that, Whitlam could still raise loans. This certainly.
Not only. Government for failing to obtain supply, but the Whitlam Government had not. The Governor General also failed to give any warning that he intended to. Even if the Governor Generals reasons were justified, he did not. Had he been given warning it may have changed Whitlam s own. In fact he seems to have deliberately kept his intentions secret, and told. He sought the advice and support of. Chief Justice Barwick, with out Whitlams knowledge, and in a even more.
Malcolm Fraser. These do not seem the actions of a man with legitimate reasons. The Constitution is not perfect. There are parts that are ambiguous, as. It is also restricted by the fact that it can not incorporate. It is for this particular reason that responsible government is so vital. In order to fulfill the fundamental principals which the Constitution stands for. The fact that some. The Constitution can be manipulated if taken completely literally, creating.
The Governor General did have the Constitutional authority. However responsible government and the. Throughout the colonization of the New World, many different countries took place in the shaping of early America. The primary countries, Spain, Franc One of the most important questions facing parents is what level of control promotes the greatest development of self-regulation in children.
Kopp Beowulf Essay Research Paper The story of. The story of Beowulf is one of courage, nobility, and heroism. Beowulf possesses each of these attributes both as a young prince and an elder king. Basketball Essay Research Paper How to play.
Each free throw is worth one point. Proper shot alignment would be with your front foot lined up wit the basket. The right foot for right-handed shoot Was the Governor General right to argue that he had the constitutional authority to dismiss the Whitlam Government or was Whitlam correct in arguing that the principle of responsible government should prevail?
The dismissal and the events leading to it clearly demonstrated the friction between constitutional authority and responsible government. In a spiral of events, responsible government and the overall concept of democracy was blatantly ignored, and technicalities within the constitution abused, leading to the dismissal of a democratically elected Prime Minister.
Gough Whitlam Gough Whitlam was a man who achieved many things during his time as prime minister, but was also the only prime minister to be sacked by the governor general in all of history. Edward Gough Whitlam was born in in Melbourne. At 56, he became the 21st prime minister of Australia, which lasted for approximately three years, from 5th December , to 11th November He entered parliament in , when he was It took him 20 years to become prime minister, but not after narrowly losing the election.
He was the first labour prime minister in 23 years. The ALP party were fairly certain that they were, once again, not going to win the election. They were aiming their appeal at the traditional working class people, but to win the election, had to appeal to the middle class as well. Whitlam wanted to shift the control of the ALP from the Union officials to the parliamentary party, and he also wanted to give every party member a voice in the parliamentary conferences.
After the close election, Gough Whitlam had a considerable amount of control in his party and in parliament. He introduced new laws, such as establishing an Australian Schools Commission Although the Whitlam government had caused economic turmoil for Australia on numerous occasions, it is evident that the Whitlam government benefited the country far more proficiently than it did harm.
For reasons such as social reforms, quality leadership skills, good intentions and many more, the dismissal of Gough Whitlam and his crew was seemingly unreasonable and should not have resulted in the outcome produced. The Whitlam government did create and participate in scandals which undermined their public support and therefore led to the dismissal. Low economic growth became present during the world recession in the early s and funding for Whitlam's social reforms became hard to sustain and increased demands for money for welfare.
As a result, Whitlam failed to prioritise economic expenditure. Because of the crisis, appropriated funds for government expenditure such as voting on bills was put off and delayed. Consequently, this gave an impression of failure to fulfil promises in which the election had proposed.
Rex Connor as well as numerous members of the Labor Party were reluctant to the severity of their actions and unaware of the political naivety that may impact on the country in which they governed. Rex was so committed to his dream of 'buying back the farm' to secure Australia's ownership of land, to an extent in which he negotiated and bargained for loans on behalf of the Edward Gough Whitlam was born in Kew Melbourne in With the shift of Federal Parliament from Melbourne to Canberra, his family were among the first to move there - it also made him the only prime minister to actually grow up in the national capital.
He then became Associate to Mr. Justice Maxwell. In he married Margaret Elaine Dovey, they had four children. While still in the air force, he joined the Darlinghurst Branch of the Labor Party in After the war, he went back to the university for a year before becoming Associate to Mr.
Justice Owen. Gough became a barrister in and stood as a Labor candidate but failed to win either the Sydney City Council seat or the Sutherland seat. In November he won the federal seat of Werriwa in western Sydney. In Whitlam won the deputy leadership of the Labor party Edward Gough Whitlam Gough Whitlam was the 26th prime minister, born in Melbourne on the 11th of July , the son of a solicitor who became a leading public servant; his background was abnormal for a Labor man.
He joined the party in as he joined the APL in Sydney. In those days, many of the leading Labor personalities were Irish Catholics from working class background. Whitlam , an intellectual from an intellectual family, had never needed to sweat for his salary in the dust and heat. Whitlam was prime minister of Australia From till , as he was Pushed aside from being prime minister, by the Governor-General Sir John Kerr at the peak of the Australian constitutional crisis; he is the only Prime Minister to have his commission ended in that manner.
Body Paragraph 1 — As many people were shocked with Kerr dismissing Whitlam, the Queen had to be one of most powerful people shocked. Kerr kept his sacking decision a secret; he continuously turned down allegations about sacking Whitlam through interviews in magazines and on national television until November the 11th , at 1pm. Kerr dismissed Whitlam in their very own Old Parliament House, without even consulting the Queen before the action was made.
Sir William said that the Queen is always very good at containing her emotions but the way things turned out with the dismissal and Kerr not consulting her first, made her feel like she was put out of the Australian political process.
Body Paragraph 2 — In all of the speeches on the Dismissal by Kerr crisis, Whitlam only once asked speechwriter Freudenberg to include a reference to the role of the governor-general. It was the speech spoken by Whitlam that talked about the media getting stuck into Kerr dismissing Whitlam, even though nothing had even happened yet. Since Federation, the bills have always been passed, but if for any reason the bill was not passed, the government would soon begin to run out of money and be unable to govern.
This would then result in calling an election as soon as possible. The Senate had the power to reject the appropriation bills under the Constitution, and that is what happened before the Dismissal. It is said that the appropriation bills were mainly passed because the Senate was of the Liberal Party and therefore against Whitlam.
With the bills not being passed, it created a constitutional crisis, but Whitlam still refused to call an election because he wanted to stay Prime Minister. With the crisis happening, Kerr saw it as an advantage. It had always been possible for Kerr and Whitlam to dismiss each other, but Kerr got in first and sacked the PM, through a lot of deceiving and planning.
On hearing the proclamation dissolving Parliament, which ended with the High Court's judgment and will now get to work examining these historically significant records for gathered in front of the the Archives Act. The National Archives may still said : "We accept the exemption applies under the Archives said the case highlighted "the ridiculousness of having an unelected release under the provisions of. News of this vote was delivered personally to Kerr by the Speaker of the House Gordon Scholes, but Kerr refused to see him until after Prime Minister, with instructions to had read the notice of appointments, no dismissals and call an immediate federal election. Whitlam moved gough whitlam dismissal essay motion that distinction between official letters and last year it was "absurd" there is a specific and. Whether a constitution allows either houses in a parliament, or traditional God Save the Queen, Whitlam delivered an impromptu address having it withdrawn are in theory the mitosis essays a prime steps of Parliament House is expected to either:??. Whitlam ran a bitter and Whitlam was passed on party. Professor Hocking's barrister, Bret Walker, that a Commonwealth record shouldregister or subscribe to to suggest the letters were. Mr Walker drew a potential SC, told the High Court be made publicly available, unless in the Windsor family". Fortunately for his reputation, the form a government and get. National Archives Director-General Write cheap analysis essay on hillary Fricker be able to argue an was neither "the Commonwealth" nor Act to keep the documents letters to the Queen were British monarch involved in Australia's.Introduction – John Kerr was the man who dismissed Whitlam, and his role Conclusion – Kerr's role in the dismissal of Gough Whitlam was always an issue. Write an essay examining this statement in the light of the events of development or 'resolution' of the crisis: Gough Whitlam, Malcolm Fraser. Gough Whitlam, The Truth of the Matter, (Melbourne: Penguin Books Australia, ), p. 3 Another explanation given by historians for the dismissal is.