In 1975 Australia witnessed the most traumatic political upheaval since federation. The ‘Constitutional crisis’ of 1975 involved the principles and conventions of responsible government, the powers of the Senate underscored by the federal system, and the powers given to the Governor-General in the constitution. The governor-general at the time, Sir John Kerr, dismissed the Whitlam government in purported exercise of his powers under s. ... He then commissioned a new government under the leadership of Mr. Malcolm Fraser, to ‘act as a caretaker Government and…make no appointments or dismissals or initiate new policies before a general election is held.’ The intervention of Sir John Kerr to remove the Whitlam government was due to the irreconcilable friction between the Senate and the House of Representatives. The essence of the crisis was the refusal of the Senate to pass a Supply bill until ‘the Government agrees to submit itself to the judgment of the people’. In other words, the Senate would block the supply bill until Gough Whitlam held another election, an election in which the opposition was confident it would win. In order to make a decision on whether or not Sir John Kerr was acting within his powers by dismissing the Whitlam government, one must fully comprehend the series of events leading up to the 11th of November, and to also be able to distinguish between formal provisions of the written Constitution and unwritten constitutional conventions, conventions that are supposed to be followed and that were allegedly breached by the Governor-General.
In May 1974 the Labor government led by Gough Whitlam was re-elected with reduced majority in the House of Representatives (ALP 66 seats, L-CP 29, Independent 2). ... In February 1975, one of these seats was to become vacant, as Senator Murphy was appointed Justice of the High Court. ... However, in 1975 this convention was not followed. As a result, the Whitlam government faced a Senate where the Opposition could block its legislation. ... Malcolm Fraser, announced in October 1975 that the Senate would block the Whitlam governments supply bills. In order to resolve the impasse, the Whitlam government must call an election. ... Fraser justified his decision to defer the bill in the following statement:
‘We will use the power vested in us by the Constitution and delay the passage of the Government’s money bills through the Senate, until the Parliament goes to the people’. ... Whitlam replied by stating the Senate had no right to bring down the government, and alleged that Mr. ... The Senate cannot, does not, and must never determine who the government should be.”
He also justified his refusal on the ground that as long as his Government commanded a majority in the House of Representatives, it was entitled to serve out its maximum term of three years under s.
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