How Amendments Work In Australia's Constitution

The Australian Constitution does describe an amendment process, which is outlined in Chapter VIII: Alteration of the Constitution. This chapter prescribes that amendments to the Constitution may only occur through a referendum bill being approved in a national referendum. This process, detailed in Section 128, requires a double majority: a majority of voters nationwide, as well as a majority of voters in a majority of states. Amendments are an important part of the law-making process in the Australian Parliament, allowing for changes to be made to bills as they progress through the Parliament. These amendments can be introduced and voted on in either the Senate or the House of Representatives.

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Amendments to the Australian Constitution can only be made by referendum

The Australian Constitution is the primary source of Australian constitutional law. It outlines the principles of government and includes provisions on various topics. While it is the main source of constitutional law, it does not exist in isolation and operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations by the High Court of Australia.

Amendments to the Australian Constitution can only be made through a referendum, as outlined in Chapter VIII: Alteration of the Constitution. This process requires a referendum bill to be approved in a national referendum, with a double majority needed for the amendment to pass. This means that a majority of voters nationwide, as well as a majority of voters in a majority of states, must support the amendment. This ensures that any changes to the Constitution reflect the will of the people across the country and are not solely determined by a single state or region.

The referendum process for amending the Constitution is deliberate and rigorous, which may explain why only eight out of 45 proposed amendments have been successful. One of the most recent referendums was held on 14 October 2023, where voters rejected a proposed amendment to establish an Indigenous Voice to Parliament. Other significant contemporary debates around potential amendments include recognising Indigenous Australians and becoming a republic.

While the Constitution sets out the framework for governance, it is not static and can be amended through the referendum process. This allows for flexibility and the ability to adapt the Constitution to changing circumstances and the needs of the Australian people over time. Amendments to the Constitution are an important part of the democratic process, ensuring that the foundational document of the country can evolve with the will of the people.

Amendments must receive a double majority

The Australian Constitution does outline a process for amendments, which are an important part of the law-making process in the Australian Parliament. Amendments are changes to a proposed law or bill. They can be introduced in either the Senate or the House of Representatives and must be agreed upon by both.

The Australian Constitution is not easily amended, and only eight of the 45 proposed amendments put to a referendum have been passed. The most recent referendum occurred on 14 October 2023, where a proposed amendment to establish an Indigenous Voice to Parliament was rejected.

The process for amending the Constitution is intentionally rigorous and reflects the importance and gravity of making changes to the nation's foundational document. It ensures that any alterations to the Constitution have broad support across the country and are not just limited to a single region or state. This safeguard helps maintain stability and protects the rights and interests of all Australians, ensuring that the Constitution remains a durable framework for the nation's governance.

Amendments can be introduced in the Senate or House of Representatives

Amendments are an important part of the law-making process in the Australian Parliament. An amendment is a change to a proposed law, or a bill, and allows for bills to be changed as they progress through Parliament. Amendments can be introduced in either the Senate or the House of Representatives and must be agreed upon by both. Any member of parliament can suggest an amendment to a bill, which is called 'moving an amendment'.

To introduce an amendment, it must be submitted in writing to the Clerk of the Senate or House. The Clerk then distributes copies to all members of parliament so that they can read the amendment and decide whether they agree or disagree with it. Members of parliament can then debate and vote for or against the amendment.

Amendments to bills are most often considered during the committee of the whole in the Senate or during the consideration in detail in the House of Representatives. During these stages, members of parliament are given all suggested amendments to a bill, and they can speak about each amendment and vote for or against it. Speeches on amendments during these stages are usually shorter than during debates on bills, and members may speak more than once.

It is important to note that, according to Section 53 of the Australian Constitution, the Senate cannot amend money or taxation bills. It may only request that the House of Representatives amend such bills. Additionally, the Constitution can only be amended by referendum, as outlined in Section 128, which requires a double majority: a nationwide majority as well as a majority of voters in a majority of states.

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The Constitution does not contain a bill of rights

The Australian Constitution does not contain a bill of rights. During the 1898 constitutional convention, some delegates favoured a section similar to the United States Constitution's bill of rights. However, this proposal was rejected, and the Constitution only protects a limited number of constitutional rights. There are five explicit individual rights in the Constitution, including the right to a trial by jury for federal offences and the right to practice a religion without interference from the Australian government.

The Australian Human Rights Commission has identified key rights that are not currently protected in Australia, including the right to free speech and the right to legal representation. The Commission has also highlighted poor human rights outcomes for certain vulnerable groups, such as Indigenous Australians, asylum seekers, and the homeless.

While Australia does not have a Bill of Rights, it has passed laws that enact its human rights obligations. These laws make it illegal to discriminate against vulnerable groups in society. Additionally, the Australian Parliament plays a central role in putting Australia's human rights obligations into action by passing bills that put international agreements into action.

Some argue that Australia should adopt a statutory national Bill of Rights to promote the protection of human rights and encourage a more rights-focused society. A Bill of Rights would clarify the rights held by all Australians and could be changed by the Commonwealth Parliament, allowing it to evolve with society.

However, others oppose the idea, claiming that Australia's rights are already adequately defined by other sources, such as the Constitution, legislation passed by the Commonwealth Parliament, and state or territory laws. They argue that a Bill of Rights is not necessary and that parliamentary sovereignty should be maintained.

The Constitution is described as virtually invisible in Australian culture

The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the political structure of Australia. It is a written constitution that establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution is divided into eight chapters and 128 sections, outlining the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature.

While the Constitution is a crucial document, it has been described as "virtually invisible" within Australian culture and political discourse. This characterisation contrasts with the prominent role of the US Constitution in American civil religion. Despite its importance, the Australian Constitution is not widely recognised or discussed in mainstream Australian culture and politics. This perception of the Constitution's "invisibility" has been challenged by scholars like Dylan Lino, who argue that the document plays a more significant public role than commonly assumed.

The Australian Constitution has undergone amendments, with only eight out of 45 proposed amendments passing through referendums. The amendment process, outlined in Section 128, requires a double majority: approval by a majority of voters in a majority of states and a nationwide majority. This process ensures that any changes to the Constitution reflect the will of the Australian people. Amendments can be proposed by any member of parliament and must be agreed upon by both the Senate and the House of Representatives.

The Constitution's "invisibility" may be attributed to several factors. Firstly, it does not include a bill of rights, unlike the US Constitution. Instead, rights are protected by common law and statute law. Additionally, certain key aspects of Australia's system of government, such as the role of the Prime Minister and the Cabinet, are not mentioned in the Constitution. Furthermore, the Constitution's amendment process requires significant support across multiple states, making it challenging to implement changes.

In conclusion, while the Australian Constitution serves as the foundation of the country's governance, its relative "invisibility" in Australian culture and political discourse may be due to its limited scope, the absence of a bill of rights, and the complex amendment process. However, it is important to recognise that the Constitution still plays a crucial role in shaping Australia's political landscape and has been the subject of ongoing debates, particularly regarding the recognition of Indigenous Australians and the move towards a republic.

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