Saturday, 31 May 2003
Friday, 30 May 2003
Thursday, 29 May 2003
Monday, 26 May 2003
Lawyers insist: there is no crisis, The Australian, 26 May, 2003.
Lawyers insist: there is no crisis: [3 - All-round Metro Edition]
John Stapleton, Julie Smith. The Australian [Canberra, A.C.T] 26 May 2003: 3.
Abstract
GUY Green will remain administrator of the commonwealth for the immediate future and, despite Dr [Peter Hollingworth]'s resignation under unprecedented circumstances, the nation is not suffering a constitutional crisis, legal experts say.
"It is exactly the same as if Hollingworth had died," he said. "Normally you would appoint the administrator but, since we already have one, everything will just carry on until (John) [John Howard], through the Queen, appoints someone else.
Sir Guy, sworn in as administrator of the commonwealth 10 days ago, was in Hobart yesterday when Dr Hollingworth announced he would resign. He flew to Adelaide last night to open a conference of local government managers today, after which he would return to Hobart to address the Australasian College of Physicians before returning to Canberra tonight.
GUY Green will remain administrator of the commonwealth for the immediate future and, despite Dr Hollingworth's resignation under unprecedented circumstances, the nation is not suffering a constitutional crisis, legal experts say.
Leading constitutional expert George Winterton of the University of NSW said the circumstances in no way represented a "constitutional crisis".
"It is exactly the same as if Hollingworth had died," he said. "Normally you would appoint the administrator but, since we already have one, everything will just carry on until (John) Howard, through the Queen, appoints someone else.
"He could make Sir Guy the governor-general; he could take days or months to make another appointment."
Those tipped for consideration as governor-general include former National Party leader and deputy prime minister Tim Fischer, defence force chief Peter Cosgrove, Qantas chairwoman Margaret Jackson, former Sydney University chancellor Leonie Kramer and retired community services minister Jocelyn Newman.
Adelaide University professor of law Geoffrey Lindell said his most immediate reaction was "one of relief".
"This is an entirely appropriate action," he said. "Resignation was by far the preferable option in order to limit the damage done to the office. Dismissal would have been a serious and drastic step to take, one that has never been taken before."Centre for Com parative Constitutional Studies director Cheryl Saunders also dismissed any suggestion the country was facing a constitutional crisis.
"The resignation doesn't throw things into turmoil at all," she said. "The actual working parts of the constitution lie with the Government, the parliament and the court."
UNSW law professor George Williams said he agreed with his colleagues that "there is no constitutional crisis -- it is straightforward from here. The events of 1975 showed that it is possible to restore confidence in the position by a suitable appointment."
Sir Guy, sworn in as administrator of the commonwealth 10 days ago, was in Hobart yesterday when Dr Hollingworth announced he would resign. He flew to Adelaide last night to open a conference of local government managers today, after which he would return to Hobart to address the Australasian College of Physicians before returning to Canberra tonight.
Professor Winterton said this was the first time an Australian head of state had resigned under such a cloud, although others had resigned early, including the first governor-general, the Earl of Hopetoun, who resigned because he didn't think the commonwealth was providing him with enough money. Sir John Kerr also left the office early following the fallout from 1975.
"No governor-general has been forced to resign with so much of the general public against him," he said. "It was a wise decision on Hollingworth's part and I'm sure a relief for the Prime Minister."
A matter of process
Peter Hollingworth in Canberra and John Howard in Sydney discuss resignation by telephone yesterday
Dr Hollingworth's office tells Buckingham Palace of his intention to resign
Dr Hollingworth releases public statement
Sir Guy Green temporarily remains on as administrator
Details on the transition arrangements to be discussed between Mr Howard and Dr Hollingworth today
Mr Howard to recommend to the Queen the next governor-general at an undisclosed date
Monday, 19 May 2003
Monday, 12 May 2003
Time to quit, say top legal brains - The Hollingworth crisis, The Australian, 12 May, 2003.
Time to quit, say top legal brains - The Hollingworth crisis: [1 - All-round Country Edition]
Stapleton, John.
The Australian [Canberra, A.C.T] 12 May 2003: 002.
Abstract
Constitutional expert George Williams, from the University of NSW, said Dr [Hollingworth] was clearly entitled to the presumption of innocence and the opportunity to clear his name.
"It is unfortunate and unfair but, nevertheless, his position has become compromised," he said. "I think Hollingworth is unable to fulfil his constitutional functions.
Adjunct professor of law at Adelaide University Geoffrey Lindell said he thought it was appropriate for Dr Hollingworth to stand aside, considering the serious nature of the allegation, "no matter how unlikely it is".
Full Text
Constitutional expert George Williams, from the University of NSW, said Dr Hollingworth was clearly entitled to the presumption of innocence and the opportunity to clear his name.
But he says there are entirely separate reasons why Dr Hollingworth should resign.
"At the end of the day he has lost the confidence of the Australian people and a significant number of senior political figures," he said. "His position has been compromised because he lacks popular and government support."
Professor Williams said there was no doubt there had been some unfairness in the way Dr Hollingworth had been treated.
"It is unfortunate and unfair but, nevertheless, his position has become compromised," he said. "I think Hollingworth is unable to fulfil his constitutional functions.
"If he doesn't have the support and confidence of the Australian people, it is impossible for him to do his job."
Adjunct professor of law at Adelaide University Geoffrey Lindell said he thought it was appropriate for Dr Hollingworth to stand aside, considering the serious nature of the allegation, "no matter how unlikely it is".
"My own view is that he should have resigned for the good of the office," he said. "But one can't help but be concerned about the implications of a person going because of a media campaign and public opinion polls, which have implications for the future. It highlights the difficulty we have with the office, because the appointment or dismissal of a governor-
general is so open ended."
Director of the Centre for Comparative Constitutional Studies Cheryl Saunders said questions over the appointment and removal of a governor-general were more political than constitutional.
Professor Saunders said if the only thing being focused on was the Melbourne court case, then "standing aside is the obvious thing", comparing it to the situation of Catholic Archbishop of Sydney George Pell after allegations were made against him.
However, she said Dr Hollingworth's position was complicated and that "there are broader questions coming out of the Queensland report which seem to be being put aside".
"It is impossible to tell whether there is damage done to the office," she said. "We have seen this office rise and fall like a yo- yo over the past few decades."
Professor Saunders said it was in the years following the controversy over former governor-general John Kerr that the current conception of the office was forged, with figures such as Sir Zelman Cowen consciously trying to restore the esteem of the office and arguing that the role of governor-general was to "represent the Australian people to themselves".
"Let's see what happens next" she said.
Cosgrove, Fischer top list for No 24 - The Hollingworth crisis, The Australian, 12 May, 2003.
Cosgrove, Fischer top list for No24 - The Hollingworth crisis: [1 - All-round Country Edition]
Stapleton, John. The Australian [Canberra, A.C.T] 12 May 2003: 003.
Show highlighting
Abstract
They include defence force chief Peter Cosgrove and former deputy prime minister and National Party leader Tim Fischer.
"I happily spent the day with my wife, Judy, and kids in some hillside caves at Galore, west of Wagga Wagga," he said. "I am only just catching up on events."
General Cosgrove was elevated to hero status after leading the successful Australian peacekeeping operation in East Timor.
THE focus already is turning to who could replace Peter Hollingworth and become the 24th governor-general.
While most prime ministers never get to choose more than one, John Howard may get to choose two.
Names of candidates are being openly canvassed in media and political circles.
They include defence force chief Peter Cosgrove and former deputy prime minister and National Party leader Tim Fischer.
Mr Fischer, whose almost universal popularity among voters of all stripes had made him a prominent candidate, said last night he had "absolutely zero comment" to make on the matter.
"I happily spent the day with my wife, Judy, and kids in some hillside caves at Galore, west of Wagga Wagga," he said. "I am only just catching up on events."
General Cosgrove is considered a potential replacement because of the high esteem in which he is held across the political spectrum.
General Cosgrove was elevated to hero status after leading the successful Australian peacekeeping operation in East Timor.
More significantly, his appointment in May 2002 as Chief of the Defence Force had bipartisan support, and the Australian Democrats also welcomed his promotion.
Another possible replacement touted yesterday was Qantas chairwoman Margaret Jackson, who has reportedly been considered inthe past for the post.
The position of has never been filled by a woman. Ms Jackson was reportedly John Howard's original choice to replace William Deane.
Other women who may be considered include former Sydney University chancellor Leonie Kramer, retired family and community services minister Jocelyn Newman and current Australian of the Year Fiona Stanley.
Monday, 5 May 2003
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