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Written by Professor David Flint AM
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Thursday, 15 May 2008 |
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Any change to a republic, even a so called minimalist republic, will necessarily involve radical change, warns lawyer and noted author Hal Colebatch, ( “We would be losing a lot more than Her Majesty, ” The Australian, 2 May, 2008.
He says the radical nature of the change is “not immediately obvious.” The weight of constitutional scholars’ opinion being that the governor-general, and not the Queen, is the Commonwealth of Australia’s head of state, he warns that in a republic the state governors would be appointed by and loyal to the president.
Given that the state governors have the power to sack state governments, this would have effectively given Canberra, using the state governors, the power to sack state governments.
Australia is already a crowned republic, he says, but one with some unique historical and constitutional features that have subtle but important ramifications.
At the time of the referendum, constitutional monarchists warned that the republican model would diminish the states ( see, e.g. The Cane Toad Republic, 1999, chapter 12)
Premier Richard Court and Robert Ellicott QC warned of the federation being split, and of secession.
...state leaders do not understand what they would throw away....
But it seemed as if the state leaders, with the exception of Western Australia’s Richard Court, were ignorant of the advances gained for them under the 1986 Australia Acts as part of our constitutional system, and were willing to throw this advantage away.
Premier Jeff Kennett should have known about this. He once presented a superb defence of the constitutional system as it affects the states. This was in "The Crown and the States," a speech to the Samuel Griffith Society delivered in 1993, and published in Volume 2 of the Society's proceedings. But like so many policicians, he jumped onto the republican bandwagon at the 1998 Constitutional Convention. Reaching the constitutional settlement in 1986 was not easy, and took three of four decades and th epersonal involvement of The Queen.
The story is told superbly by Anne Twomey in The Chameleon Crown: The Queen and Her Australian Governors, reviewed by Sir David Smith in this column on 22 July 2007.
Dr Twomey's speeches to meetings of ACM were one of the highlights of its 2007 programme. Her book should be compulsory reading for all state politicians.
Fortunately, in 1999 the people showed how much wiser they are than republican politicians. Be first to comment this article |
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Written by Professor David Flint AM
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Tuesday, 13 May 2008 |
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Now we have another reason for the choice of the 2020 Summit theme, Mao Tse-tung’s "Let a hundred flowers bloom...”
Not only did they conjure up a 98:1 vote for some undefined republic, but the Summit’s preliminary report has been changed in a way almost worthy of Minitrue, Big Brother’s Ministry of Truth in Orwell’s 1984. The report originally said:
“Stage 1: Ending ties with the UK while retaining the Governor-General’s titles and powers for five years. Stage 2: Identifying new models after extensive and broad consultation.”
This opened the Summit to justified ridicule. So the report has been massaged to turn Stage 1 into yet another call for a plebiscite. The republican movement want a plebiscite for two reasons: first, they don’t know what they want and second, they are afraid they would lose another referendum.
...ending ties with the UK...
The problem with the original report was the Summiteers were not talking about ending cricket ties, but constitutional and legal ties. If there were such ties, it would have meant we are not really independent
But we have long been independent. While Lionel Murphy believed this came in 1901, most experts opt for some time between 1926 and 1942.
I am inclined to the view that we were independent by 1926. The Balfour Declaration declared we were already autonomous and equal. This meant that whatever lingering links we retained with the UK, these could be ended whenever we wished. In any event with independence, the Australian Crown divided from and became a constitutional entity separate from the British or Canadian, NZ and other Crowns.
As a consequence, in 1999 a One Nation senator, Heather Hill, lost her seat in the Senate because of her allegiance to The Queen of the United kingdom. That The Queen is also Queen of Australia was not relevant.
Under section 44(1) any person “under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power” is incapable of sitting as a senator of member of the House of Representatives.
There was one anomaly after we became independent. Until 1986 state governments - of all parties - so distrusted Canberra they left it to an increasingly reluctant British government to advise The Queen in state affairs.
This meant that while the Australian Crown operated at the federal level, the British Crown still functioned in the states.
In any event beyond doubt that we no longer have even any lingering constitutional or legal links with the UK.
...no constitutional links; only a personal union...
All we, Canada, Britain, New Zealand and other Realms have today is a personal union in which the one Sovereign wears several crowns.
For the benefit of Peter FizSimons, who warns of a “tedious lecture “ from me, ( Sun-Herald 11 May, 2008; see below) a personal union does not require any supporting constitutional or legal links between the countries concerned.
Since it’s not the age for duelling, I’m challenging Peter FitzSimons to a debate on republicanism.
Apart from Commonwealth Realms, the best known example in our history involved the Britain and then the UK with Hanover from 1714 to 1837.
...so why did the summiteers expose themselves to ridicule?...
So why did the summiteers decide on “(e)nding ties with the UK while retaining the Governor-General’s titles and powers for five years”?
One delegate, a former Hawke government minister now priest Fr. Michael Tate called for a “minimalist referendum that need not be concerned with methods of appointment; (Ms) Bryce would simply wake up the next morning as our autonomous head of state.” ( “Loyalty without royalty,” The Australian 17 April,2008)
This is pure fantasy. Without machinery for vice regal appointment or removal in place, our governments would soon grind to a halt.
If a government were foolish enough to put such a referendum it would be doomed.
In comparison the Reverend Professor’s Easter call ( “Clergyman’s republican Easter Message,” 23 March 2008) for Mr Rudd to hand over the powers of recommending the appointment of the governor-general to the speaker and senate president seems only moderately bizarre.
However it arose, the preliminary report exposed the Summit to justified ridicule.
...the Ministry of Truth, Minitrue, changes the record...
 [Senate House, University of London, which is said to have inspired George Orwell for the Ministry of Truth in 1984]
A vague unconvincing and secretive explanation has now appeared on the site. It raises more questions than it answers.
It says amendments were made on 30 April “more consistent with... Power Point Slides presented in the final session...”
It claims the decision to do this was made “immediately after the Summit.” So why did it take ten days to change the record?
The preliminary report was only changed when it was realized the original decisions opened the Summit to justified ridicule. On whose authority we do not know. The decisions bear no resemblance whatsoever with what was released on 20 April 2008.
It now reads: “Introduce an Australian republic via a two-stage process, with Stage 1 being a plebiscite on the principle that Australia becomes a republic and severs ties with the Crown and Stage 2 being a referendum on the model of a republic after extensive and broad consultation.” This demonstrates information and media manipulation par excellence, worthy indeed of 1984. So would you trust them with the Constitution?
Postscript: Peter FitzSimons' column in the Sun Herald 11 May, 2008:
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Written by Professor David Flint AM
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Sunday, 11 May 2008 |
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Just after a Morgan Poll showed support for a republic with an elected president had fallen to 45%, a fifteen year low, and among those 14-17 to 23%, an Australian Democrat Youth Poll released by passionate republican, Senator Stott Despoja, has confirmed this trend. The nation’s youth are turning away from Australia becoming a republic. ACM’s South Australian Convener, Dr. David Phillips, informs us that The Adelaide Advertiser of 10 May contained an extensive report by Maria Moscaritolo on the poll, which covered several issues. In response to the question “Should Australia be a Republic?” 44% answered “Yes”
In 2007, the answer was 48%, in 2006, 55 per cent, down from a high of 84 per cent in 1999,” when” The Advertiser observes “ it was a hot topic of debate.” Comments (1) |
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Written by Professor David Flint AM
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Sunday, 11 May 2008 |
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How even-handed will the media be if we are about to endure another full-scale republic discussion, asks Errol Simper (“Oh yes, I'm a dedicated follower,” The Australian, 1 May, 2008). Mr. Simper, whose trademark is to refer to himself with humility as “the scribe”, is a leading observer of the media, and one who is unusually independent in the highly conformist serious media which Australia enjoys.
He says it was fairly predictable that the most publicised "new" idea from the 2020 Summit would be for Australia to become a republic.
As in the nineties, media comment on the 2020 Summit was pro-republic.
Indeed, as the eminent British media authority Lord Deedes ( pictured) wrote in the London Daily Telegraph on 8 November, 1999: “I have rarely attended elections in any country, certainly not a democratic one, in which the newspapers have displayed more shameless bias. One and all, they determined that Australians should have a republic and they used every device towards that end.”
Mr. Simper believes that the media and political climate seems to have decreed monarchists to be thoroughly unfashionable. But he believes that if newspapers are seeking balance in any debate about republicanism they'll commission most of their pro-monarchy arguments from outsiders, “non-journalists such as David Flint.”
“Flint, 69, a former (and somewhat colourful) chairman of the old Australian Broadcasting Authority, was the convener for the Australians For Constitutional Monarchy movement in 1999 and is, by trade, a lawyer. It's unlikely too many staff commentators and columnists will be smashing down editors' doors, begging them to run a pro-monarchy opinion piece they just happened to have scribbled on the back of an electricity bill in the train on the way to work. Few folks, least of all media folks, have an earnest desire to be deemed unfashionable,” he writes. But “ if a topic is to be comprehensively examined, someone must be unfashionable.”
He found it interesting to see Alexander Downer on prime time news broadcasts warning monarchists they would be subjected to ridicule in the debate. He says Mr. Downer is absolutely correct.
But ridicule does not bother Mr. Simper.
Republicanism he says is a dangerously divisive topic, and he is fearful of an elected president and cannot see the point of a parliamentary president.
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Written by Professor David Flint AM
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Friday, 09 May 2008 |
 [A Dutch caricature depicting Cromwell after the republican seized supreme power ] Some republicans do things that bring their movement into disrepute.
One has been the miserable campaign against the Governor-General, Major-General Michael Jeffery, an honourable and courageous man who has served this country superbly in both peace and war.
This has involved both republican journalists and also the republican movement.
I am not a conspiracy theorist, but had they got together about this?
When the media wasn’t inventing stories, many of the outlets decided they would just ignore him and the work of his beautiful wife, Marlena. Then they would turn around and say nobody knew who the Governor-General was.
This is media manipulation at its worst.
In a letter published in the Canberra Times on 3 May 2008, Sir David Smith administered a timely rebuke to the ARM spokesman who continues with their pointless campaign to make the Governor-General confer with them about their campaign. The full unedited version is published below. Instead the republicans should work out what they want and stop trying to get the taxpayer fund their activities.
...Sir David’s rebuke...
"John Warhurst ('G-G should not comment', May 1) is straining at a gnat in seeking to argue that the Governor-General was wrong to give a press interview in which he urged republicans to avoid a big mistake by ensuring that any changes made to Australia’s constitutional system are clearly understood and represent an improvement.
" I should have thought that Professor Warhurst would have welcomed the Governor-General’s endorsement of sentiments that have been expressed by many leading republicans such as Professor Greg Craven, Professor Cheryl Saunders, Professor George Winterton, Professor Brian Galligan, Sir Gerard Brennan, Dr. John Hirst, Bob Carr and Malcolm Turnbull, to name but a few.
"Professor Warhurst’s lecture to the Governor-General might have had some credibility had he delivered the same strictures to the two most recently appointed state governors, both of whom gave press conferences in which they criticised the monarchy and lauded the republic.
"To make matters worse, one did so when the ink on his commission was barely dry, and the other even before his commission had been signed.
"In less tolerant times such conduct would have been treated as treason: even in today’s more enlightened times it was highly offensive and grossly improper, yet Professor Warhurst uttered not one word of public rebuke to either of them.
"Professor Warhurst has yet again expressed his peevishness at the Governor-General’s refusal to receive a republican delegation.
... crass to seek such an interview...
"Constitutional monarchists have not been so crass as to seek such an interview, and nor should Professor Warhurst," continued Sir David.
"The Governor-General’s action in this matter is perfectly correct.
"Finally, Professor Warhurst has the audacity to warn monarchists about flying in the face of public opinion, or about failing to respect Australia’s long democratic tradition. 998 hand-picked summiteers do not represent the public opinion of 21,287,789 Australians (as at 1 May 2008).
"What part of the landslide “no” vote in the 1999 referendum does Professor Warhurst not understand? Comments (1) |
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Written by Professor David Flint AM
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Thursday, 08 May 2008 |
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 Support for a republic has collapsed among young Australians, a point we made this morning on 2GB, and in Crikey, the nation’s leading political on line newsletter.
The latest Morgan Poll also shows a referendum will be lost on whatever model is put to the people.
Worse for republicans, it also means their silver bullet, a plebiscite would also go down. Kevin Rudd will be thinking twice about running one with the next election.
If he doesn’t, his minders will. A plebiscite is not like, say, a referendum on the retiring ages of judges. Nothing will excite the media more than one on a republic. So it will soak up too much valuable media time, and this on an exercise he is doomed to lose. All the signs are that the government will put republicanism onto the back burner, as Malcolm Turnbull already has. ...young not interested in a republic... The latest Morgan Poll shows the young especially can’t see the point of a republic. Those who say, like Nicola Roxon, that no new monarchists are being born, will have to revise their views.
Even at the time of the referendum polling showed that the strongest support for a republic came from the baby boomers, especially those in inner city electorates. The young voters have always been less interested. And the trend since then has been down.[i]
The West Australian 2006 survey of youth attitudes showed that support for a republic in the 18 to 30 age group had fallen to 38%. Then the Morgan poll of 22 February 2005 found that only 37% of those aged 14-17 were in favour of a republic.
Now in 2008, this has fallen to a dismal 23%, with 64% supporting the constitutional monarchy and 13% undecided. Some undecided voters may be just unwilling to reveal their intentions; in any event they tend to vote No in a referendum.
And it is not only that young people are disinterested in a republic. It is that they are positively interested in their past and their heritage.
The republican attempt to shred our flag has collapsed. It looks now as if the republican attempt to shred our constitution is going the same way. The overall result is equally dismal for republicans. Support for a republic is at 45%, the lowest for 15 years.
...more bad news for republicans...
Apart from the youth vote, the Morgan Poll is bad news for those republicans who say John Howard tricked voters in 1999 with the model. Of course he didn’t. The model was the choice of the overwhelming majority of republicans at the 1998 Convention.
The point is that unlike NewsPoll which does not define the word “republic” in its question, Morgan refers to the supposedly most popular model, the one where the people elect the president.
Take the polls together and you have to conclude no model will get up.
These results contrast glaringly with the 2020 Summit where the governance panel voted 98:1 with one abstention in favour of republican change.
Actually they recommended ending links with the UK. This was curious for such a gathering. The last links went in 1986.
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Written by Professor David Flint AM
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Wednesday, 07 May 2008 |
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Some republicans, including a certain self styled “republican royal watcher,” will use anything to divert the taxpayers’ hard earned money from hospitals, schools , water etc to fund their attempts to change our constitutional system and shred our flag.
One has been to suggest that the Duke of Windsor, briefly King Edward VIII, was actually working for Adolph Hitler.
To use this fantasy as a reason for constitutional change in Australia is really building a skyscraper on sand. As the eminent Australian political scientist, John Paul observed in 2005 in Quadrant, Australia’s preeminent political journal ( “The Duke of Windsor and the Nazis”): “I hold no brief for King Edward VIII. Ziegler has established conclusively that he was temperamentally unsuited to the role of a constitutional monarch.
“ He therefore performed a lasting service for the House of Windsor in abdicating in favour of his brother.
“I do, however, deplore the readiness of some people to brand the Duke of Windsor unjustly as a putative traitor on the strength of the half-hearted and near-farcical activities of some German officials in June and July of 1940, especially as these had their fons et origo in the febrile fantasies of an idiot like Ribbentrop.” ...all based on forged documents...
The principal source of this story about the Duke was a book by one Martin Allen, “Hidden Agenda: How the Duke of Windsor Betrayed the Allies.”
It is now clear, as many suspected when it was publshed, that the book is based on forged documents.
So it seems are two other books by Allen, “The Hitler/Hess Deception,” which claims the flight to the UK of Hitler's deputy, Rudolf Hess, in 1941 was part of a plot to oust Churchill, and “ Himmler's Secret War.”
According to David Leppard, writing in The Sunday Times and republished in The Australian on 5 May, 2008 (“Dear Mr Hitler: forgeries fool Brits”) the books rely heavily on forgeries inserted by a "master forger" into the records of the British National Archives.
Letterheads were created on a high-resolution laser printer, not in existence in the Second World War. Signatures were written over pencil tracings.
Handwriting of different officials was found to be suspiciously similar. Diplomatic titles and key dates were wrong.
According to Mr. Leppard, this began with a letter, which Allen claims he found in his attic.
It was addressed to "Dear Mr Hitler" and signed, "EP", for Edward Prince, an abbreviation the Duke of Windsor occasionally used.
“The letter makes veiled references to a tour of the French frontline defences that the duke had just made.
"It asks Hitler to pay close attention to information the man bringing the letter to him has memorised. “The courier was a German spy, and Allen argues that through him the duke gave Hitler top-secret strategic information that enabled the Germans to attack France at the weakest points in its defences.
"France fell in six weeks and British forces were routed." Before the book was published, The Sunday Times considered serialising it.
But when they commissioned experts to examine the document, they abandoned the project.
According to Mr. Leppard, a forensic documents examiner found "many discrepancies" that made him "highly suspicious".
Another expert concluded that the letter was "most probably a forgery". A paper analyst found evidence the letter had been written on a blank page from an old book, which is apparently a classic forger's trick.
But Allen insisted the letter was genuine. He claimed it had been given to his late father by Albert Speer, Hitler's former munitions minister.
He said he had found it in his attic. The book was then published, and gave some joy to Australian republicans.
One thing is certain.
Some Australian republicans will still brand the Duke a traitor merely to advance their agenda for constitutional and flag change here.
They have little else than fantasy to rely on at the moment.
This is because they have gone backwards since 1999, and now cannot even say what constitutional changes they actually want.
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Written by Professor David Flint AM
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Tuesday, 06 May 2008 |
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He was the earliest to predict, with reasonable accuracy, the results of the 2007 Australian election, including that in Bennelong. Now the nation’s preeminent psephologist, Professor Malcolm Mackerras, confidentially predicts that another republican referendum will be defeated.
This is in a piece “If the monarchy works for us, why bother to change it?” published on 21 April, 2008 in The Canberra Times. He has no doubt the result will be the same as in 1999.
(Incidentally Professor Greg Craven, the republican constitutional lawyer now Vice Chancellor of ACU, predicts that a referndum about a republic where the president is elected would result in a defeat of monumental proportions, greater than in 1999.) The republicans know this, even if some of their more uninformed supporters think it will be a pushover.
That is why they propose a confidence trick, a plebiscite written by their spin doctors.
Perhaps that is why they are currently waging a campaign to undermine confidence among constitutional monarchists. This is line that we no longer defend the monarchy.
In this they are either spectacularly misinformed. Or they are lying.
...why Malcolm Mackerras’ opinion is important...
First he is, as I said, Australia's preeminent psephologist. That does not mean of course that he is always right.
But unlike Nostradamus, his predictions are absolutely clear, and the information on which he bases them is very well researched. Second, he gives reasons which are clear and cogent. Third he is absolutely independent and not beholden to any party. It is fascinating that he actually welcomes another referendum. Now the ACM National Council is not afraid of another referendum.
But we say that no reason has been advanced for re-opening the issue.
And there is no justification in moving one dollar from the education, hospital, water and other budgets into this folly on which hundreds of millions of the taxpayers’ hard earned money have already been wasted. Many of the self proclaimed lifelong republicans are millionaires. Let them spend their own money on trying to work out what they want to do.
Why should “ working families” pay for this? But if another referendum is forced on the taxpayers by the republican elites, Malcolm Mackerras is absolutely right when he points out how this will further damage the republican cause.
He says another defeat would give added legitimacy to the current, thoroughly sensible, arrangements for giving Australians their heads of state, both federal and state.
So why is Malcolm Mackerras so confident of victory?
First, there is no case in the whole of Australia's federal referendum history of a proposal rejected the first time being carried the second time.
Second, the republicans suffer from a dilemma. If they present a "minimalist" model (as in 1999) it will go down for the same reasons as applied on that occasion. However, if they go for popular election of the president all the objections to that model will come to the fore.
Third, it is quite clear from referendum history that Australians typically vote no, with the saying "if it ain't broke don't fix it" firmly in mind. So not only are republicans staring another defeat in the face. If they persist in another referendum they will only strengthen the present constitutional system. Comments (1) |
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Written by Professor David Flint AM
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Monday, 05 May 2008 |
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 "We don't remember that much about the Australians' long campaign in France and Belgium," wrote Les Carlyon, author of that magnificent book "The Great War " reviewed in this column on 18 December, 2006.
This piece appeared in the Daily Telegraph on 25 April, 2008 as “True meaning of Anzac spirit.”It is a marvellous summary of the contribution men made in that terrible war as they fought for God King and Country.
Some 8700 Australians died on Gallipoli; more than 45,000 died in France and Belgium (more than the Australian death toll from all theatres of World War II).
“Our citizens' army, five divisions, all volunteers, hundreds of thousands of them, for three years tramped up and down France and Flanders, “going up to the firing line, being mauled, then coming out, taking in reinforcements, then going back. Time after time, year after year,” writes Mr. Carlyon.
“We, their countrymen, didn't see them.
“The Germans sometimes sat in their shallow trenches waiting to surrender. They had never done this on such a scale before. And if they saw Australians coming, they knew they were going to be robbed.
“THE French did. They saw them coming out of battles, lanky men in loose-fitting khaki sprinkled with the chalk dust of the roads, big-eyed and white-faced. They saw them, loud and ruddy cheeked, roistering in the cafes, where they decided that vin blanc should be pronounced "plonk". They saw them fishing in the Somme canals with a novel piece of tackle called a hand grenade. And they saw them marching off to the next battle.
“That's what the Australians did for three years. They went back and back, and it is hard for those of us brought up in a softer world to understand how they did so without going mad, which of course many of them did, as their families discovered in the 1920s."
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Written by Professor David Flint AM
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Monday, 05 May 2008 |
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The situation in Nepal is grim. The Communist Party has won a majority of the directly elected seats in the Constituent Assembly.
Founded in 1994 by Pushpa Kamal Dahal, known as Prachanda, Nepali for 'The Fierce One,' the Communist Party of Nepal led a Maoist insurgency lasted from 1996 -2006, in which 13,000 people died.
The US lists the party as a "Specially Designated Terrorist Organization”.
Prachanda plans to be president of Nepal, and draws inspiration from China's Cultural Revolution and the theories of Mao Tse-tung. He disowns and is disowned by the Chinese Communist Party, but presented himself as more moderate for the election.
The communist plan for a republic is likely to be worse than any weaknesses in the existing constitution.[i]
Many Iranians to day would agree, and long for Iran to become a constitutional monarchy under the son of Shah, rather than continue under the present theocratic republic and its current president. [ii]
Justice Michael Kirby of the High Court of Australia, who drafted the ACM Charter, referred to the proven advantages of constitutional monarchy recently.
According to Richard Ackland, writing in The Sydney Morning Herald on 11 April, 2008, Justice Kirby said at a recent function at the St. James Ethics Centre:
"The freest countries are constitutional monarchies [nod, nod from David Flint]. I'm a rational republican.
"England is a crowned republic … A 'vanished' head of state is a clever idea." “This is radical stuff, because many people hitherto had mistakenly thought, if you have a Queen, you don't have a republic. As the judge made clear, we can have both,” writes Mr. Ackland. ACM’s International Convener, Mr. George Bougias, rcently published a letter from a Greek monarchist, Christos Antoniadis to the outgoing Prime Minister of Nepal, Girija Prasad Koirala.
The text follows:
 [Shah Mohammad Pahlavi at his Coronation] Be first to comment this article |
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Written by Professor David Flint AM
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Sunday, 04 May 2008 |
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Foreign knighthoods? As Gough Whitlam once told me “I have five or six of those myself!” (column "There's nothing like a Dame..." 2 January 2008)
This was at a Bastille Day ceremony, when the French Consul - General conferred a knighthood on an Australian.
I turned to Mr.Whitlam and said, with a straight face, “Mr Whitlam, it's your fault Australians have to go to a foreign republic to get a knighthood.”
You see the only objections republicans have to a knighthood is if it is given by our Queen, The Queen of Australia. Such is the twisted logic of Australian republicans.
It is really quite spiteful.
Now we learn that Kylie Minogue is to receive a French knighthood .
Ms. Minogue, who could just as well be Dame Kylie, is soon to go to Europe.
According to Jonathon Moran writing for News Limited’s papers ( “The knight of Kylie's life,” 4 May, 2008) she is to be knighted on Monday, 5 May 2008 as a Chevalier dans l'ordre des Arts et des Lettres, a Knight in the Order of Arts and Letters. Presumably Ms Minogue has received approval for this. We congratulate her warmly for this.
Apparently you may receive a knighthood from a foreign republic.
The only thing forbidden is to receive one from our own Sovereign.
And those are the ones which attract the most attention. Comments (4) |
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