In the following piece, constitutional law expert Professor George Williams explains why the Commonwealth’s power of Executive Veto over ACT laws should be repealed.
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A political storm has erupted over a seemingly innocuous proposal to do away with the federal government’s veto over ACT laws. The bill, introduced by Senator Bob Brown, has attracted strong opposition due to a belief that it will leave the ACT free to enact Australia’s first same-sex marriage law. This concern is based on false reasoning. The ACT can already pass its own gay marriage law, which could be overridden by the Commonwealth even if Brown’s bill is passed.
The Commonwealth held a referendum in Canberra in 1978 on whether the ACT should gain self-government. A majority of 64 per cent favoured the status quo. Despite this, the Hawke government forced self-government on the ACT a decade later.
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