The head of state debate: A comment

In his 2012 article in this journal, Glenn Patmore argued that the Queen is the Australian Head of State, a view he believes is supported by textual, historical and conventional evidence. This comment adds to that evidence by considering what judicial authorities over time have said about this subject matter. Section I unearths hitherto overlooked legal material at the time of federation which contradicts the arguments made by Professor Flint. It reveals the Queen, not the Governor-General, was clearly regarded by the framers as being at the apex of our legal arrangements. Section II then examines other more contemporary case law to the same effect. Finally, Section III concludes what Republicans (like Patmore) and constitutional monarchists (like Justice Kirby) should both be able to undoubtedly agree upon is this: that the Queen and the Queen alone is the Australian Head of State