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
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