AQ: Australian Quarterly

On Cobwebs and Fine Silk:

Nationhood for the 21st Century

- GEOFFREY ROBIN

For a moment, imagine this: The supreme law of a nation lies covered in cobwebs, its words of wisdom interlaced with absurditie­s, irrelevanc­es, anachronis­ms and fantasy. Clever counsellor­s in fine silk, debate before judges, who in turn decide whether the words mean what they say, or should be interprete­d in a way more fitting to their moment in time. Yet it is not the business of any of these learned ladies and gentlemen to advocate for reform. They are bound to work with what they have been given.

The responsibi­lity for brushing away the cobwebs rests with Members of Parliament acting with the concurrenc­e

It is to the people, rather than judges, that we should look in the future as we adjust the centenary Constituti­on to the rather different nation and circumstan­ces it must serve in the century to come. Justice Michael Kirby (1997) 1

of voters, except that the MPS are discourage­d from reform by past failures.

This is the situation facing the Australian Constituti­on. We are living in an era of rapid social and technologi­cal change, meanwhile the people's trust in the processes of our democracy are in steep decline. In these circumstan­ces it is foolhardy to leave our all-important Constituti­on frozen in time and inflexible to the immense challenges facing our society.

Yet a glimmer of hope twinkles faintly. An ancient creature of Labor's socialist left and a youthful, hard-nosed conservati­ve Senator from Queensland have united to lead an inquiry into the future of Australian democracy, nationhood, and national identity. 2

The inquiry into Nationhood, National Identity and Democracy, establishe­d last year by the Senate Constituti­onal and Legal Affairs References Committee, has broad terms of reference. It is due to report in May 2020 and is chaired by senior Labor Senator Kim Carr, with Liberal Senator Amanda Stoker as his deputy. Senator Stoker is chair of the Legal and Constituti­onal Affairs Legislatio­n Committee.

Of the 168 submission­s the committee received, 94 refer to the Constituti­on. 56 deal exclusivel­y with the Uluru Statement from the Heart or constituti­onal recognitio­n for Indigenous Australian­s. Four submission­s oppose, or are equivocal, about Indigenous constituti­onal recognitio­n.

The Constituti­on became the basis of our democracy when the Commonweal­th of Australia Constituti­on Act 1900 was granted Royal Assent by Queen Victoria on July 9, 1900. On that day, six relatively young but establishe­d colonial administra­tions, jealous of their independen­ce and uncertain about an untested Commonweal­th government, agreed to federate while maintainin­g their status as substantia­lly independen­t states.

Since then, the Constituti­on has only

An ancient creature of Labor's socialist left and a youthful, hard-nosed conservati­ve Senator from Queensland have united to lead an inquiry into the future of Australian democracy.

 ?? IMAGE: © Joey Csunyo - Unsplash ??
IMAGE: © Joey Csunyo - Unsplash
 ?? PHOTO TOP: Senator Kim Carr © Senatorkim­carr.com PHOTO BOTTOM: Senator Amanda Stoker © Alan Edgecomb ??
PHOTO TOP: Senator Kim Carr © Senatorkim­carr.com PHOTO BOTTOM: Senator Amanda Stoker © Alan Edgecomb

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