Understanding Australia's Constitution: Section 128 Explained

Section 128 of the Australian Constitution, also known as the 'Mode of altering the Constitution', outlines the process by which amendments can be made to the country's foundational document. This section empowers Australian citizens to propose changes to the Constitution through a referendum, with a strict procedure that must be followed. The section prescribes a rigorous process, requiring a proposed law to be passed by an absolute majority in both Houses of Parliament, followed by a submission to the electors in each state and territory. A successful referendum requires a double majority vote, encompassing a majority of voters in at least four of the six states, as well as a national majority of over 50%. If these requirements are met, the alteration is presented to the Governor-General for the Queen's assent.

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How to alter the Constitution

The Constitution of Australia (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 referendums from 1898 to 1900 and came into effect on 1 January 1901, at which point the six colonies became states within the Commonwealth of Australia.

Section 128 of the Australian Constitution outlines the process for altering the Constitution, which is as follows:

Firstly, a proposed law for alteration must be passed by an absolute majority in both houses of the Parliament. After its passage through both houses, there is a waiting period of between two and six months. During this time, the proposed law is submitted to the electors in each state and territory. These electors must be qualified to vote for the election of members of the House of Representatives.

This process ensures that any changes to the Constitution are carefully considered and require the support of both the Parliament and the people of Australia. It is worth noting that the Australian Constitution does not include a bill of rights, and as such, it only protects a small and limited number of constitutional rights. Additionally, prior to the enactment of the Constitution, a final change was made to ensure a right of appeal to the Judicial Committee of the Privy Council from the High Court.

Absolute majority in both Houses

Section 128 of the Australian Constitution outlines the "Mode of altering the Constitution". It stipulates that any proposed law for altering the Constitution must first be passed by an absolute majority in both Houses of Parliament. This means that a majority of members in both the House of Representatives and the Senate must support the proposed alteration. This is the initial step in a multi-step process to amend Australia's foundational document.

The Australian Constitution is a rigid document, and Section 128 outlines a detailed procedure that must be followed for any changes to be implemented. This process ensures that any modifications to the Constitution are carefully considered and reflect the will of the people. The absolute majority requirement in both chambers of Parliament is a crucial step in this process, providing a robust check against hasty or partisan changes to the nation's fundamental laws.

The need for an absolute majority in both Houses ensures broad support for any constitutional amendment. This safeguard helps to prevent narrow partisan interests from significantly impacting the nation's foundational rules. It encourages collaboration and consensus-building, as lawmakers must find common ground and secure the backing of a substantial majority in both chambers.

The Australian Constitution is designed to be a stable and enduring framework for the nation's governance. By requiring an absolute majority in both Houses, Section 128 strikes a balance between the need for stability and the necessity for adaptability. This provision allows the Constitution to evolve while maintaining its foundational integrity.

The absolute majority requirement is just the first step outlined in Section 128. After a proposed law clears this hurdle, it must then be submitted to the electors in a referendum. This process, outlined in detail by Section 128, includes a timeline of not less than two nor more than six months after the proposed law has passed through both Houses. During this period, the proposal is put to a vote, with a majority of voters in a majority of states (at least four out of six) and a national majority of voters (over 50%) needed for approval.

In summary, the absolute majority requirement in both Houses of Parliament is a critical aspect of Section 128 of the Australian Constitution. It serves as a foundational safeguard, ensuring that any changes to the nation's highest laws reflect broad support and consensus. This process safeguards the integrity of the Constitution while allowing for its evolution to meet the changing needs of the Australian people.

Timing between passage and submission to electors

Section 128 of the Australian Constitution outlines the "Mode of altering the Constitution". This section empowers Australian citizens to make changes to the constitution through a referendum process.

Regarding the timing between the passage of a proposed law and its submission to the electors, Section 128 specifies a timeframe of no less than two months and no more than six months. This timeframe begins after the proposed law has passed through both Houses of the Parliament.

During this period, preparations are made for the referendum, which is the mechanism by which the proposed alteration is submitted to the electors. The referendum provides an opportunity for the Australian people to have their say on potential changes to the constitution. It ensures that any modifications to this foundational document reflect the will of the citizens.

The timing between passage and submission is crucial as it allows for a comprehensive process to be undertaken. This includes setting a date for the referendum, educating the public about the proposed alteration, and ensuring that the necessary resources and personnel are in place for the vote.

The prescribed timeframe of at least two months helps prevent rushed decisions and provides a reasonable period for stakeholders to plan and execute effective information campaigns. It encourages thoughtful consideration of the proposed changes by all parties involved, including voters, politicians, and interest groups.

Additionally, the maximum timeframe of six months helps maintain momentum and a sense of urgency. It prevents proposed alterations from languishing for extended periods, ensuring that the process remains focused and efficient. This balance between a minimum and maximum timeframe strikes a delicate compromise, allowing for both thorough deliberation and timely decision-making.

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Double majority vote

Section 128 of the Australian Constitution outlines the 'Mode of altering the Constitution'. This section empowers Australian citizens to make changes to the Constitution through a referendum process. The key requirement for a successful referendum is the achievement of a double majority vote.

The double majority vote is a unique feature of Australia's constitutional amendment process. It requires the proposed alteration to be approved by a majority of voters in a majority of states, specifically at least four out of six states, as well as by a national majority of voters, with more than 50% voting yes.

This double majority criterion ensures that any changes to the Constitution reflect the will of a significant portion of the Australian population and addresses the diverse interests and perspectives across the country. By requiring a majority in both the number of states and the overall popular vote, the process encourages broad consensus and helps protect against unilateral changes that may favour a minority of states or voters.

The process for altering the Constitution, as outlined in Section 128, begins with the proposed law for alteration being passed by an absolute majority in both houses of the Parliament. After its passage through both houses, there is a waiting period of at least two and no more than six months before the proposed law is submitted to the electors in each state and territory. This delay allows for a comprehensive consideration of the proposed changes and enables informative discussions and debates to take place across the country.

Once the double majority vote is achieved and the alteration is approved, the process concludes with the presentation of the amendment to the Governor-General for the Queen's assent. This final step formalises the change, and the Constitution is then officially amended to reflect the will of the Australian people as expressed through the referendum.

Royal Assent

Section 128 of the Australian Constitution outlines the 'Mode of altering the Constitution'. This section empowers the Australian people to make changes to the Constitution through a referendum process. For any alteration to the Constitution to be successful, a proposed law must be passed by an absolute majority in both houses of Parliament. After this, there should be a delay of no less than two months and no more than six before the proposed law is put to a referendum of electors qualified to vote for members of the House of Representatives.

The referendum requires a ''double majority'' for the alteration to be approved. This means that the proposal must achieve a majority of voters in at least four of the six states, as well as achieving a national majority of more than 50%. If this double majority is achieved, the proposed alteration is then presented to the Governor-General for the Queen's Royal Assent. This is the final step in the process of altering the Australian Constitution, and it gives the proposed change the force of law.

The Royal Assent is a key part of the constitutional amendment process in Australia. It represents the formal approval of a bill by the monarch or their representative, the Governor-General. In the context of Section 128, the Royal Assent signifies the culmination of the legislative process, where a proposed alteration to the Constitution has successfully navigated through both houses of Parliament and received the endorsement of the Australian people through a referendum.

The requirement for Royal Assent in the Australian constitutional framework underscores the country's historical ties to the British monarchical system. While Australia is an independent nation, its Constitution was established within the context of the British Empire, hence the inclusion of the monarch's role in assenting to laws. This reflects a broader theme in the document, which establishes a system of responsible government that operates within the parameters set by the Crown.

The process outlined in Section 128 ensures that any changes to Australia's foundational document are subject to rigorous democratic scrutiny. The involvement of the Queen or the Governor-General, as their representative, adds an additional layer of legitimacy to the constitutional amendment process. This blend of democratic and monarchical elements in the Australian Constitution is a unique feature of the country's system of government.

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