Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th governor-general of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister Gough Whitlam and appoint Malcolm Fraser as his replacement, unprecedented actions in Australian federal politics.
Kerr was born in Sydney to working-class parents. He won scholarships to Fort Street Boys' High School and the University of Sydney, where he studied law. His legal career was interrupted by the Second World War, during which he served with the Australian Army's Directorate of Research and Civil Affairs (DORCA) and attained the rank of colonel. After the war's end he became the inaugural head of the Australian School of Pacific Administration. Kerr returned to the bar in 1949 and became one of Sydney's leading industrial lawyers. He joined the Australian Labor Party (ALP) and was briefly an endorsed candidate for the 1951 federal election. He let his membership lapse after the party split of 1955.
Kerr served terms as president of the New South Wales Bar Association and the Law Council of Australia. He was appointed to the Commonwealth Industrial Court in 1966, later serving on territory supreme courts and as Chief Justice of New South Wales (1972–1974). On the nomination of ALP prime minister Gough Whitlam, Kerr was appointed governor-general in July 1974. The Whitlam government did not hold a majority in the Senate, and following a series of controversies in 1975, most notably the Loans Affair, the Liberal opposition leader Malcolm Fraser called on the Senate (where his coalition had a majority) to defer consideration of the supply bills in an attempt to force an early election. Kerr regarded the situation as untenable, believing the prime minister was obliged to either resign or call a general election, which Whitlam was unwilling to do.
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The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898 through a series of conventions conducted by representatives of the six self-governing British colonies in Australia.
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. The composition and powers of the Senate are established in Chapter I of the Constitution of Australia. There are a total of 76 senators: 12 are elected from each of the six Australian states regardless of population and 2 from each of the two autonomous internal Australian territories (the Australian Capital Territory and the Northern Territory).
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the supreme legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-general), the Senate and the House of Representatives. The combination of two elected chambers, in which the members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress.