The Politics of the Preamble
by Anne Winckel
Zadok Perspectives Issue No. 64
Winter 1999

Part 6

AT THE TIME OF Federation, there were a number of obvious exclusions from the drafting table: no women, aborigines or Chinese attended any of the three Federal Constitutional Conventions. The drafters were all white, Protestant Anglo males (with the occasional Roman Catholic thrown in), and predominantly lawyers and politicians.

The trouble with the debate about the new preamble is that people perceive it as the jostling of a string of lobby groups looking for entrenched recognition in the Constitution. Indeed, women's groups, indigenous groups, the 'multicultural lobby', the environmentalists and even local councils have at one time or another lobbied for recognition in the preamble. However, for referends to succeed-for the new preamble to be approved by Australians-there needs to be something unifying and inspirational in the debate. Just as in the controversial 1890s preamble debate: seeds of political expediency, strategy, deals and conspiracy theories have been whipping around the same pot as elements of spiritual reverence, compassion, justice, integrity and social conscience.

As for the reference to God, the statement that the people of Australia were humbly relying on Almighty God's blessing was put into the Australian preamble in 1898 because of a mixture of religious piety, religious strategy and political expediency. While true for many, it was certainly not an accurate reflection of the pragmatic secularists who voted for it in order to appease the populace. Perhaps we can learn from the new South African preamble. It does not assert a blanket religious condition, but it offers up two prayers: "May God protect our people", and "God bless South Africa"-the final five languages repeat the prayer.

The South African preamble says something else which is striking: it recognises the injustices of the past. The devotees, the strategists, the pragmatists and the skeptics would be able to find much to argue about if we were to consider a similar statement for Australia's preamble. But again, as a nation we don't necessarily behave with grace and humility just because we constitutionally entrench such a sentiment. But it's not a bad start.

Anne Winckel Anne Winckel lectures in Legal Studies at the University of Melbourne. She is currently doing postgraduate research in Constitutional history, focussing on the significance of the Commonwealth preamble.