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Symbols matter

By George Williams - posted Monday, 18 February 2008

The Constitution is only reprinted in Australia as part of the UK Parliament's Commonwealth of Australia Constitution Act 1900, the implication being that it is the source of the power and authority of Australian laws.

Despite the failure of the 1999 republic referendum, Australia is in fact politically and legally independent.

The legal shift was finally resolved by the Australia Acts of 1986, which removed any right of appeal to the Privy Council.

The symbolic conflict between the text of the Constitution and actual Australian independence remains unresolved, and both undermines a sense of identity and distorts perceptions within and outside the country.

Symbolism is an important value in our system, and the Australian Constitution ought to be amended to reflect this and establish a republic with an Australian head of state appointed without reference to London.

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First published in the Herald Sun on January 31, 2008.

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About the Author

George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.