Australian Constitution: Amendments And Their Impact

The Australian Constitution, which came into effect in 1900, has been amended eight times. The most recent referendum occurred on 14 October 2023, which proposed an amendment to establish an Indigenous Voice to Parliament, but was rejected. Amendments to the Australian Constitution are difficult to achieve, requiring a double majority of a nationwide majority as well as a majority of voters in a majority of states.

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Amendments require a referendum and a double majority

The Australian Constitution can only be amended through a referendum, as outlined in Section 128. This requires a double majority: a majority of voters in a majority of states (at least four out of six states) and a national majority of voters (over 50% overall). This system ensures that there is support across the country and that voters in each state have an equal say in constitutional changes.

The process of amending the Australian Constitution begins with a proposed law, or bill, in the Australian Parliament. For the bill to pass, more than half of the senators and members of the House of Representatives must vote in favour. Once the bill is passed, a referendum must be held within two to six months. If the Senate and House disagree on the bill, Section 128 outlines a process for proceeding with the referendum.

Compulsory voting in referendums applies to Australian citizens aged 18 and above. Voters express their approval or disapproval of the proposed change by writing "Yes" or "No" on their ballot papers. The votes of residents in the Australian Capital Territory and Northern Territory are only counted in the national vote.

Since 1901, there have been 45 proposed amendments to the Australian Constitution, with only eight successfully enacted. The most recent referendum took place on 14 October 2023, aiming to establish an Indigenous Voice to Parliament. However, this amendment was rejected, along with previous attempts to recognise Indigenous Australians and establish an Australian republic.

Only eight amendments have passed out of 44 proposals

The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It establishes Australia as a federation under a constitutional monarchy with a parliamentary system. This document can only be amended through a referendum, as outlined in Section 128.

Since the Constitution was enacted in 1901, there have been 44 proposals for amendments, but only eight have been successful. This highlights the challenging nature of the amendment process and the significant support required for changes to be implemented.

One notable amendment occurred in 1967 when the Constitution was altered to provide the Commonwealth with the power to legislate for Indigenous Australians. This amendment addressed long-standing calls for constitutional reform to recognise Indigenous Australians, dating back to 1910. The 1967 referendum resulted in the removal of Section 127, which excluded "aboriginal natives" from headcounts for electoral purposes.

Another significant amendment occurred in 1911 when New South Wales ceded what is now the Australian Capital Territory to the Commonwealth. This led to the establishment of Canberra as the national capital in 1913. The Constitution also permits the governor-general to appoint deputies, as outlined in Section 126.

The process of amending the Australian Constitution is not a simple task, and the relatively low number of successful amendments out of a higher number of proposals underscores the importance and difficulty of making changes to the country's fundamental law.

The most recent referendum was in 2023

The Australian Constitution, which came into force in 1900, can only be amended through a referendum. This requires a double majority: a majority of voters in a majority of states, as well as a national majority. In the first century of the Commonwealth, 44 proposals were put to referendums, but only eight amendments were successful.

The most recent referendum was held on 14 October 2023. It proposed an amendment to establish an Indigenous Voice to Parliament. This would have involved enshrining a Voice to Parliament in the Constitution, an idea long supported by the Labor Party and many of Australia's left-leaning minor parties. However, the referendum failed, with many right-wing and regional groups opposed to the change.

The 2023 referendum was not the first time that an amendment to recognise Indigenous Australians had been proposed. In 1967, a referendum successfully removed a provision that excluded "aboriginal natives" from headcounts for electoral purposes. However, the 2023 proposal went further, seeking to establish a formal voice for Indigenous people in Parliament.

The 2023 referendum also took place against a backdrop of ongoing debates about the role of Indigenous voices in Australian politics. Alongside the Voice to Parliament, there have been proposals to amend the Constitution to recognise Indigenous Australians more broadly and to become a republic. These proposals reflect a broader discussion about the role of Indigenous peoples and their representation in Australia's political system.

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Amendments include the removal of racist provisions

The Australian Constitution, enacted in 1901, was written with the intention to discriminate against Indigenous Australians, black people, and other people of colour. In 1967, the Constitution was amended to provide the Commonwealth with the power to legislate for all Indigenous Australians by removing the restriction that prevented the Commonwealth from legislating in states. This amendment also removed Section 127, which stated that "aboriginal natives" were not to be included in headcounts for electoral purposes.

Section 25 of the Constitution has been a topic of debate, with some arguing for its removal due to its potential to enable racist behaviour towards BIPOC and its reflection of the Australian government's inherent racial prejudices. The section includes provisions that allow for the disqualification of races from voting, stating that if a state disqualifies all persons of any race from voting in elections for the more numerous House of the Parliament of the State, then persons of that race resident in that State shall not be counted in reckoning the number of people of the State or Commonwealth. Despite its purported intention to deter future disenfranchisement on the basis of race, it has had little effect in practice.

In 1974, an attempt was made to repeal Section 25 as part of a constitutional amendment that aimed to enshrine the concept of "one vote, one value". However, this referendum was defeated, receiving only 47% of the national yes vote. The section has been described as a relic from Australia's constitutional history and recommended for removal by various committees and panels, including the Centre for Comparative Constitutional Studies in 2010 and the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples in 2015 and 2018.

The removal of racist provisions from the Australian Constitution is an ongoing process, with calls for further amendments to recognise Indigenous Australians and remove racially discriminatory language.

The Labor Party supports further amendments

The Australian Constitution is the primary source of Australian constitutional law. However, it operates alongside other instruments, such as constitutional conventions, state constitutions, the Statute of Westminster 1931, and the Australia Acts 1986. The Constitution may only be amended by referendum, requiring a double majority: a nationwide majority and a majority of voters in a majority of states.

The Labor Party has historically supported a voice enshrined in the Constitution for Indigenous Australians, alongside many of Australia's left-leaning minor parties. This was rejected in a referendum in 2023, with right-wing and regional groups opposing the change. The Labor Party has also supported an Australian republic, with debates on this issue ongoing since Federation. A referendum on this issue in 1999 was rejected, with the Queen and Governor-General remaining in the Constitution.

The Labor Party's long-standing commitment to democratic socialism and social democracy has influenced its support for further amendments to the Constitution. The Party believes in a strong role for national government and equal opportunity for all Australians. It supports amendments to implement fixed four-year terms for the Senate and the House of Representatives, a change from the current fixed six-year term for senators and an unfixed maximum three-year term for members of parliament.

The Labor Party also supports amendments to protect fundamental civil rights and liberties, ensure equal opportunity, and remove unjustifiable discrimination. They oppose any form of segregation or discrimination based on colour, race, or creed. Additionally, they support the Trade Union Movement's opposition to the Federal Government's Adult Apprentice Scheme and believe in maximising the role of public enterprise in the discovery and development of resources.

The Labor Party's support for further amendments to the Australian Constitution reflects its commitment to progressive ideals, equality, and human rights.

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