We would be a republic now if the elite and the people could agree on a way to appoint the president. The polls consistently show that the Australian people wish to elect the president. Repeated statements by the government and opposition show the elite rejects the idea of popular election.

Looking for a way to resolves this, I thought about British Columbia, Ontario and the Netherlands. All of them are using Citizens Assemblies, randomly elected, to deal with electoral reform.

My idea is to elect a ceremonial president by the same process. Chapter 4 is part of a complete constitution which is still a work in progress. So is the explanatory memo, but that's another story.

Contrary to elite mythology, writing down the rules for a parliamentary system is actually easy, so easy it is actually the norm to which Australia, Britain, Canada and New Zealand are the exceptions. Even within the UK, the Scotland Act and the Government of Wales Act have written rules for electing and dismissing the First Minister in the two devolved governments.

I've pulled ideas from many places and tried to write them in a common style. The presidential council is an example. Most republican proposals say the senior state governor. That could be a real problem in any state either abolishes its governor or makes it an elective position. The council model followed by Ireland and Iceland is a better idea.

The sections aren't numbered because this is still a work in progress. There is one remaining title to Chapter 4 which will deal with issues like treaty-making, defence, and public appointments. So here is Chapter 4 of an imaginary constitution.

Chapter 4 The Executive
Title 1 The President of the Republic

Executive Power
The executive power of the Republic is vested in the President of the Republic and extends to the execution and maintenance of this Constitution, and of the laws of the Republic and is exercisable only with, and in accordance with, the advice of Ministers responsible to the National Assembly.

The President
The President of the Republic-

a is the Head of State;

b must uphold, defend and respect the Constitution as the supreme law of the Republic;

c promotes the unity of the nation and the advancement of the Republic; and

d takes precedence over all other persons in the Republic.

Powers and functions of the President
(1) The President has the powers entrusted by the Constitution and the laws, including those necessary to perform the functions of Head of State.

(2) The President is responsible for -

a assenting to and signing Bills;

b summoning the National Assembly, the Senate or the Parliament to an extraordinary meeting to conduct special business;

c dissolving the National Assembly in terms of Chapter 3, Title 1;

d dissolving both the National Assembly and the Senate Deadlocked Bills;

e making any appointments that the Constitution or the laws require the President to make;

f appointing commissions of inquiry;

g proclaiming a referendum as required by law;

h receiving and recognising foreign diplomatic and consular deputies;
i appointing ambassadors, plenipotentiaries, and diplomatic and consular deputies;

j pardoning or reprieving offenders and remitting any fines, penalties or forfeitures; and

k conferring honours.

(3) The President must act on the advice of the Executive Council, the Prime Minister or the appropriate Minister who are collectively and individually responsible to the National Assembly for the advice they tender to the President.
(4) The Parliament may make laws with respect to the exercise of the executive power.
(5) The President is entitled to request from the Executive Council, the Prime Minister or another Minister as appropriate, information on any particular matter relating to the government that is relevant to the performance or exercise of the President's functions or powers.

Election of President
(1) Whenever necessary to fill a vacancy, a Citizens Assembly must elect an Australian to be the President. A Citizens Assembly for the election of the President must be convened not less than 2 months before the end of the presidential term.

(2) The method of election must be the single transferable vote and the ballot must be secret.

(3) An election to fill a casual vacancy in the office of President must be held at a time and on a date determined by the Justice Chancellor, but not more than 30 days after the vacancy occurs.

(4) The President must, on the day of election, be capable of being elected as a deputy or senator.

(5) A candidate for President may be nominated by any political party represented in the National Assembly or the Senate or by one-tenth of the delegates to the Citizens Assembly.

Assumption of office by the President
(1) A new President must assume office within 14 days by swearing or affirming faithfulness to the Republic and obedience to the Constitution in accordance with Schedule 2.

(2) The oath or affirmation must be made before the Citizens Assembly which elected the President or a person authorised by the Citizens Assembly to administer the oath or affirmation.

Term of office of President
(1) The President's term of office is 5 years from the day on which the President assumes office.

(2) No person may hold office as President for more than two terms.

Removal from office of President
(1) A Citizens Assembly, by absolute majority, may remove the President from office only on the grounds of -

a a serious violation of the Constitution or the law;

b serious misconduct; or

c incapacity to perform the functions of office.

(2) The National Assembly or the Senate, by absolute majority, may convene a Citizens Assembly for the purpose of removing the President from office.

Suspension from office of President
(1) The President may be suspended from office by the Executive Council, pending action by the Parliament, for --

a a serious violation of the Constitution or the law (including refusal or failure to act in accordance with the advice of the Cabinet, the Prime Minister or the appropriate Minister, or acting, or purporting to act contrary to, or without, any such advice);

b serious misconduct; or

c incapacity to perform the functions of office.

(2) A decision by the Executive Council to suspend the President from office does not require any assent by the President.

(3) If the President is suspended from office, the Prime Minister must immediately inform the Speaker, the Convenor and the Chief Justice of the suspension and of the reasons for it.

(4) If the President is suspended from office the Speaker and the Convenor must, as soon as practicable, call a meeting of the Parliament at which the matter of the suspension must be the first item of business after any formal business and, if necessary, the election of a Speaker or Convenor.

(5) The suspension may be lifted at any time by both the National Assembly and the Senate.

(6)  Unless within 14 sitting days of the suspension, the National Assembly or the Senate decides, by absolute majority, to convene a Citizens Assembly for the special business of removing the President from office, the suspension ceases at the end of that time.

Presidential Council
(1) When the President is suspended from office, absent from Australia or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, the powers and functions of the President must be exercised and performed by the Presidential Council.

 (2) The Presidential Council is composed of the Chief Justice, the Speaker of the National Assembly, and the Convenor of the Senate.

 (3) The next senior Justice of the High Court must act as a member of the Presidential Council in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.

 (4) The Acting Speaker of the National Assembly must act as a member of the Presidential in the place of the Speaker of the National Assembly on any occasion on which the office of Speaker of the National Assembly is vacant or on which the Speaker is unable to act.

 (5) The Acting Convenor of the Senate must act as a member of the Presidential Council in the place of the Convenor of the Senate on any occasion on which the office of Convenor of the Senate is vacant or on which the Speaker is unable to act.

 (6) A Presidential Council may act by any two of their number and may act despite a vacancy in their membership.

 (7) A Presidential Council has the responsibilities, powers and functions of the President.

 (8) Before assuming the responsibilities, powers and functions of the President, the members of the Presidential Council must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

(9) A member of the Presidential Council must not exercise or perform any of the other powers and functions of their offices, except that the Chief Justice may complete any proceedings actually commenced before them unless other suitable arrangements can be made.

(10) The Parliament may provide for the designation of members of the Presidential Council in any contingency which is not provided for by this section.

Executive Decisions
(1) A decision by the President must be in writing if it is taken in terms of this Constitution or the laws or has legal consequences.

(2) Every decision by the President must be countersigned by the Cabinet member responsible for the decision.

(3) Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.

(4) The Parliament may provide the manner in which, and the extent to which, instruments mentioned in subsection (3) must be tabled in the Parliament; and approved by the Parliament.

State Matters
The Parliament may provide for the exercise and performance of state powers and functions by the President under the Constitution of any state where that Constitution so provides.

Commander-in-Chief
The command in chief of the defence forces of the Republic is vested in the President.

Terms and conditions of employment of President
(1) The President must not hold any office or position or engage in any calling other than that of, or an office or position associated with, his office as President, except with the consent of the Executive Council.

 (2) Subject to this Constitution, the terms and conditions of employment of the President are fixed by law.

 (3) Except with the consent of the President the terms and conditions of employment of the President must not be changed to his detriment during their term of office, and any law that changes them must recite the terms of the consent.

Title 2 The Executive of the Republic

Composition of the Executive Council
(1) There must be an Executive Council of the Republic to advise the President in the government of the Republic.

(2) The Executive Council is composed of the Prime Minister and the other Ministers, including any Vice-Ministers and Junior Ministers.

(3) A reference in any law to the President-in-Council or to an Order-in-Council is a reference to the President acting with, and in accordance with, the advice of the Executive Council and to an order made by the President acting with, and in accordance with, the advice of the Executive Council.

Meetings of Executive Council
(1) The President must preside over the Executive Council.

(2) However, if, for good reason, the President cannot attend, a member designated by the President must preside; or if the President has not designated a member to preside, the most senior member present must preside.

(3) Any matter decided by the Executive Council in the President's absence must be presented to the President for assent.

(4) The Executive Council must not deal with any business at a meeting unless it has been summoned to meet by the President's authority; and at least 2 members, other than any presiding member, are present for the entire meeting.

(5) The President may introduce any matter for discussion to the Executive Council.

(6) The President may convene meetings of the Executive Council but must convene a meeting when requested by the Prime Minister to do so.

(7) A meeting of the Executive Council must not be convened except by the President.

(8) The Justice Chancellor must be present at meetings of the Executive Council and when matters are presented to the President of the Republic for assent.

(9) The Ombudsman also has the right to attend these meetings and presentations.

(10) If the Justice Chancellor objects to the lawfulness of a proposed decision of the Executive Council, the Justice Chancellor must make an objection, with reasons, on the matter. If the objection is ignored, the Justice Chancellor must have the objection entered in the minutes of the Executive Council and, where necessary, must report the matter to the National Assembly (together with any information in relation to the case the Justice Chancellor considers appropriate to include); and if the decision in question has not been made, may stay the decision until the National Assembly considers the matter.

(11) Subject to this section, the procedure of the Executive Council must be determined by the Council.

Choice of the Prime Minister
(3) When a Prime Minister is to be appointed, the question of the designation must be the first matter for consideration, after any formal business and any election of a Speaker, on the next sitting day. If the National Assembly is not in session when a Prime Minister is to be appointed, the Speaker must immediately call a meeting of the National Assembly.

(1) If one of the following events occurs, the National Assembly must within the time allowed designate one of its members for appointment as Prime Minister. The designation of the next Prime Minister by a vote of no confidence satisfies the requirements of this subsection.

(2) The events are-  
 
a the first meeting of the National Assembly after a general election;
 
b the resignation of the Prime Minister;
 
c the office of Prime Minister becoming vacant otherwise than by resignation.
 
(3) The time allowed is 28 days beginning on the day on which the event in question occurs; but-
 
a if another of those events occurs within the time allowed, that time is extended for a further 28 days beginning on the day on which the new event occurs, and
 
b the time allowed ends when the President appoints a person as Prime Minister.
 
(4) The Speaker must recommend to the President the appointment of a Prime Minister who is designated by the National Assembly.

(5) If the Prime Minister resigns after a general election but before the first meeting of the National Assembly, the Speaker must recommend to the President the appointment of that deputy who is most likely to command the confidence of an absolute majority in the National Assembly, pending designation by the National Assembly.

Votes of no confidence
(1) If the National Assembly, by absolute majority, passes a vote of no confidence in the Prime Minister, the Prime Minister must, within 7 days, either resign or advise the President to dissolve the National Assembly.

(2) If the National Assembly, by absolute majority, passes a vote of no confidence in the Cabinet excluding the Prime Minister, the Prime Minister must advise the President to reconstitute the Cabinet.

(3) Every motion for a vote of no confidence in the Prime Minister must designate the next Prime Minister.

(4) If the National Assembly passes a vote of no confidence in the Prime Minister and the Prime Minister does not earlier either resign or advise the President to dissolve the National Assembly, the person designated the next Prime Minister becomes the Acting Prime Minister, pending appointment by the President, 7 days after the vote.

Appointment of Prime Minister and other Ministers
(1) The President may, on the advice of the Prime Minister -

a appoint a deputy or senator to be a Minister; and

b terminate the appointment.

(2) The President may, on the recommendation of the Prime Minister -

a appoint a deputy or senator to be a Vice-Minister or junior Minister; and

b terminate the appointment.

Acting Prime Minister
(1) When the Prime Minister is absent from the Republic or otherwise unable to fulfil the duties of Prime Minister, or during a vacancy in the office of Prime Minister, an office-bearer in the order below acts as Prime Minister:

    a     The Deputy Prime Minister designated by the President on advice of the Prime Minister;

    b     A Minister designated by the President on the advice of the Prime Minister;

    c     A Minister designated by the President on the advice of the Cabinet;

    d     The Speaker, until the National Assembly designates one of its other members.

(2) An Acting Prime Minister has the responsibilities, powers and functions of the Prime Minister.

(3) Before assuming the responsibilities, powers and functions of the Prime Minister, the Acting Prime Minister must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Term of office of Ministers
(1) The appointment of the Prime Minister takes effect on the day specified in the instrument of appointment and terminates if they -

a cease to be a deputy;

b have their appointment terminated by the President;

c resign by writing delivered to the President; or

d when the National Assembly first meets after a general election;

e or (in the case of an Acting Prime Minister) when the Prime Minister resumes the powers and functions of his or her office.

(2) The appointment of a Minister, Vice-Minister or junior Minister  takes effect on the day specified in the instrument of appointment and terminates if they -

a cease to be a deputy or senator;

b have their appointment terminated by the President;

c resign by writing delivered to the President; or

d when the appointment of the Prime Minister terminates.

(3) A Prime Minister whose appointment is terminated must continue in office until a new Prime Minister is appointed if so requested by the President.

(4) A Minister whose appointment is terminated must continue in office until a new Minister is appointed if so requested by the President or the Prime Minister.

Conduct of ministerial business
(1) The President, in accordance with the advice of the Prime Minister, may, by instrument in writing, assign to the Prime Minister or any other Minister responsibility for the conduct (subject to this Constitution and any Act) of any ministerial business, including responsibility for the administration of any department of the Government.

(2) Ministers are responsible collectively and individually to the National Assembly for the exercise of their powers and the performance of their functions.

(3) Ministers must act in accordance with the Constitution; and provide the Parliament with full and regular reports concerning matters under their control.

Oath or affirmation of Ministers
(1) A member of the Executive Council must, before assuming office, swear or affirm faithfulness to the Republic and obedience to the Constitution in accordance with Schedule 2.

(2) The Prime Minister and the other Ministers must, before assuming office, swear or affirm faithfulness to the Republic and obedience to the Constitution in accordance with Schedule 2.

(3) An oath or affirmation must be made before the President or a person authorised by the President to administer the oath or affirmation.

Remuneration of Ministers
The Prime Minister and the other Ministers must be paid such remuneration as may be fixed by or under Act.

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