Isabella Carter
The Australian Constitution has a robust amendment process, requiring a referendum for any changes to be implemented. This process ensures that any modifications reflect the will of the Australian people. Since 1901, there have been 20 referendums proposing 45 changes, out of which only 8 have been approved by the citizens. The Constitution was initially drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia and was enacted as the Commonwealth of Australia Constitution Act 1900. Amendments require a double majority, meaning a majority of voters in a majority of states, as well as a nationwide majority, must support the change. This safeguard ensures that any alterations to the Constitution are thoroughly vetted and reflect the values and interests of Australians as a whole.
| Characteristics | Values |
|---|---|
| Process | Referendum |
| Who can propose changes | Members of parliament, interest groups or individuals |
| When to propose changes | When the idea gains support in the Australian community |
| Who can vote | Australians |
| Type of vote | Secret |
| Requirements for a successful referendum | Majority of voters in a majority of states and a majority of voters across the nation (double majority) |
| Number of referendums proposing changes held since 1901 | 20 |
| Number of changes agreed to by Australians since 1901 | 8 |
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What You'll Learn
Amendments require a double majority in a referendum
The Australian Constitution can only be amended through a referendum, a vote by the Australian people on a proposed change to the Constitution. This process is outlined in Chapter VIII: Alteration of the Constitution.
For an amendment to be made, a referendum bill must be approved at a national referendum. This requires a "double majority", meaning a majority of voters in a majority of states (at least four), as well as a nationwide majority, must support the change. This is a challenging process, as demonstrated by the fact that, since 1901, there have been 20 referendums proposing 45 changes to the Constitution, but only 8 of these changes have been successful.
Ideas for changes to the Constitution can be proposed by members of parliament, interest groups, or individuals. If an idea gains support in the Australian community, a referendum may be held. In this referendum, voters will write 'yes' or 'no' on their ballot papers to indicate their support for or opposition to the proposed change. The vote must take place between two and six months after the bill is passed by parliament.
The Australian Electoral Commission (AEC) is responsible for running votes on referendums. An example of a successful referendum was held in 1967, when Section 127, which provided that "aboriginal natives" were not to be included in headcounts for electoral purposes, was removed.
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Members of parliament, interest groups or individuals can propose changes
The Australian Constitution can be amended through a referendum, which is a vote by Australians to decide whether to support or reject a bill to change the Constitution. Ideas for changes can be proposed by members of parliament, interest groups, or individuals. If an idea gains support in the Australian community, it can move towards a referendum. For a referendum to be successful, it must be supported by a majority of voters in a majority of states, as well as a majority of voters across the nation as a whole, also known as a double majority. This means that the amending act must be approved by a majority in at least four states and by a nationwide majority.
The process of amending the Constitution typically begins with a proposal for a change. Members of parliament, interest groups, or individuals can propose changes by building support for their idea. This may involve lobbying, public advocacy, or engaging with community organisations and stakeholders. It's important to note that not all proposals will gain traction or support, and only those with significant backing may progress to the next stage.
Once a proposal has gained substantial support, it can be introduced as a bill in parliament. At this stage, the proposal is formalised into a legislative document, outlining the specific changes to be made to the Constitution. The bill must then be passed by parliament before it can proceed to a referendum. This step ensures that the proposed amendment has the support of elected representatives and is ready for consideration by the Australian people.
After the bill has been passed by parliament, the Australian Electoral Commission (AEC) takes responsibility for conducting the referendum. The AEC organises and oversees the voting process to ensure it is fair and accessible to all eligible voters. The referendum must take place within a specific timeframe, occurring no sooner than two months and no later than six months after the bill is passed by parliament.
During the referendum campaign, those who proposed the changes, along with other supporters, can advocate for their idea and encourage Australians to vote in favour of the amendment. On the other hand, those who oppose the changes can also voice their arguments and encourage voters to reject the proposal. This democratic process allows for a robust debate on the merits of the proposed amendment, enabling Australians to make an informed decision when casting their votes.
Finally, the referendum is held, and Australians cast their votes. The referendum ballot is a simple "yes" or "no" vote, where voters indicate their support or rejection of the proposed amendment. The AEC then tallies the votes and determines whether the referendum has achieved the required double majority. If successful, the amendment is approved, and the Constitution is altered accordingly. However, it is important to note that amending the Australian Constitution is a challenging process, and out of the 20 referendums proposing 45 changes held since 1901, only 8 amendments have been agreed upon by the Australian people.
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The Australian Electoral Commission runs referendums
The Australian Electoral Commission (AEC) is responsible for the machinery of referendums, which are the only way to amend the Australian Constitution. The AEC is an independent statutory authority that was established in 1984 as an offshoot of the Department of Home Affairs.
Before a referendum can be held, a bill outlining the proposed changes to the Constitution must be passed by both houses of the Federal Parliament, or alternatively, passed twice in either the House of Representatives or the Senate. The Governor-General then issues a writ for the referendum, which, like an election, must be held on a Saturday.
To ensure your vote is counted in a referendum, you need to clearly write either 'Yes' or 'No' opposite the question, as per the instructions on the ballot paper. Any marks or words other than 'yes' or 'no' could leave the formality of your vote open to interpretation or challenge. Ultimately, if challenged, the relevant AEC Divisional Returning Officer will decide if your ballot is deemed formal or informal in accordance with the Referendum Act.
For an amendment to be approved, a double majority is required. This means that the referendum must be approved by a national majority of voters in the states and territories, as well as a majority of voters in at least four out of six states. Since Federation, there have been 45 proposals for constitutional change put to Australian electors, with only 8 of these being carried.
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Only 8 changes have been agreed upon out of 20 referendums since 1901
The Australian Constitution has a detailed amendment procedure, which may explain why there have only been eight successful amendments out of 20 referendums since 1901. The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia. The final draft was approved by each state in referendums from 1898 to 1900, and it came into effect on 1 January 1901, when the six colonies became states within the new Commonwealth of Australia.
The Australian Constitution is unique in that it is one of the few written constitutions in the world that lacks a bill of rights. In 1898, some delegates to the Constitutional Convention favoured including a bill of rights, similar to that of the United States Constitution. However, this proposal was ultimately rejected, and the Australian Constitution only protects a small number of constitutional rights.
Amending the Australian Constitution is a complex process. Chapter VIII of the Constitution, titled "Alteration of the Constitution", prescribes that alterations may only occur through a referendum bill approved at a national referendum. This requires a "double majority" – a majority of votes nationally, as well as a majority of votes in at least four states. This double majority requirement makes it more challenging to achieve a successful amendment, as support must be widespread across the country and not concentrated in a few states.
Despite the relatively low number of successful amendments, there have been numerous calls for constitutional reform over the years. One significant area of proposed reform is the recognition of Indigenous Australians in the Constitution. Since 1910, there have been calls to remove the restriction on including Indigenous Australians in population counts for electoral purposes. This restriction was finally removed through a referendum in 1967, along with a provision giving the Commonwealth the power to legislate for all Indigenous Australians. More recently, there have been proposals for guaranteed parliamentary representatives for Indigenous Australians and a constitutionally recognised voice in the form of a Voice to Parliament, which was rejected in a 2023 referendum.
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The last change to the constitution was made in 1977
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. The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The final draft was approved by each state in a series of referendums from 1898 to 1900 and came into effect on 1 January 1901, marking the birth of the Commonwealth of Australia.
Since its enactment, the Australian Constitution has undergone various amendments to reflect the evolving nature of the nation's democracy. Amendments to the Constitution require a rigorous process involving a referendum and the approval of a majority of voters in a majority of states, also known as a double majority. This ensures that any changes to the nation's foundational document reflect the will of the people across the country.
One of the most significant amendments to the Constitution occurred in 1967 when Section 127 was removed through a referendum. This section originally provided that "aboriginal natives" were not to be included in headcounts for electoral purposes, which was a clear indication of the exclusion of Indigenous Australians from the democratic process. The removal of this section was a pivotal step towards recognising the rights of Indigenous Australians and their inclusion in the nation's electoral processes.
While the 1977 amendment was the last change to the Constitution, there have been numerous proposals and debates since then to further amend the document. These proposals often centre around recognising Indigenous Australians and their rights, as well as discussions about becoming a republic. The most recent referendum occurred on 14 October 2023, aiming to establish an Indigenous Voice to Parliament, but it was ultimately rejected by the voters.
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Frequently asked questions
Amendments to the Australian Constitution can only be made through a referendum, in which a majority of voters in a majority of states, as well as a majority of voters across the nation, approve a referendum bill. This is called a "double majority".
Ideas for changes to the Constitution can be put forward by members of parliament, interest groups, or individuals. If the idea gains support in the Australian community, a referendum may be held.
Since 1901, 20 referendums proposing 45 changes to the Constitution have been held, but only 8 of these changes have been agreed to by the Australian people. The last time an amendment was made was in 1977.
