Malcolm Rivera
The preamble to the Australian Constitution has been a topic of debate for several decades. The current preamble, included in the British act containing the Constitution, was drafted during the 1897–8 constitutional conventions. While a preamble can be used to interpret the Constitution, there have been calls for a change or replacement since the 1980s to reflect universal values and recognise Indigenous Australians. The 1988 Constitutional Commission rejected proposals for a change, but the 1998 Constitution Convention recommended including a new preamble alongside a proposal for Australia to become a republic. This recommendation was not accepted, and a draft preamble penned by then Prime Minister John Howard was heavily criticised and ultimately defeated. The debate around the preamble continues, with ongoing discussions about how best to recognise Indigenous Australians and reflect the values of the Australian people in the Constitution.
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What You'll Learn
- The Australian Constitution's preamble was drafted during the 1897–8 constitutional conventions
- There have been calls to change the preamble to reflect universal Australian values
- The 1988 Constitutional Commission rejected changes to the preamble
- The 1998 Constitution Convention recommended a new preamble and a republic
- The preamble could recognise the special place of Indigenous Australians in the nation
The Australian Constitution's preamble was drafted during the 1897–8 constitutional conventions
The Australian Constitution's preamble, included in the British act containing the Constitution, was drafted during the 1897–8 constitutional conventions. The conventions were held after the premiers of the six Australian colonies agreed to establish a new convention by popular vote in 1895. The conventions took place over a year, from 1897 to 1898, and produced a draft with the same principles of government as the 1891 draft but with added provisions for responsible government.
The preamble of the Australian Constitution recognises that the Australian people have agreed to unite under the Constitution and the Crown. It names all the states except Western Australia, which is due to the late date at which it agreed to join the Federation. The preamble also mentions God and ends with the standard enacting clause of the United Kingdom, acknowledging the Queen and the UK Houses of Parliament as the legal authority of the act.
Since the 1980s, there have been increasing calls to change or replace the preamble to reflect universal values that Australians are committed to and to recognise the special place of Indigenous Australians in the nation. The 1988 Constitutional Commission rejected such a change, citing the difficulty of drafting a proposal that would be accepted by all Australians and adequately recognise Indigenous Australians.
The 1998 Constitution Convention recommended the inclusion of a new preamble alongside a proposal for Australia to become a republic. A draft was penned by then Prime Minister John Howard with the assistance of the poet Les Murray. However, this proposal was heavily criticised and eventually defeated with a 60% no vote in a 1999 referendum.
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There have been calls to change the preamble to reflect universal Australian values
The preamble to the Australian Constitution is a brief introductory statement that sets out the intentions and guiding principles of the document. It reads: "Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:" This preamble emphasizes the federal nature of the Australian system, the role of the states in the formation of the Commonwealth, and the importance of the Crown in the constitutional framework.
However, there have been calls to change the preamble to reflect universal Australian values and to recognize the diversity and evolution of Australian society. Some argue that the current preamble is outdated and does not adequately represent modern Australia, its values, or its people. For example, it makes no reference to Australia's Indigenous peoples, the original custodians of the land, or to the democratic values and principles that underpin contemporary Australian society.
Proposed changes to the preamble often include recognition of Australia's Indigenous heritage and culture, acknowledgement of the diverse sources of law and governance that exist in Australia (including Indigenous systems), and statements of commitment to democratic values, equality, and respect for human rights. There is also a view that the preamble should reflect environmental values and Australia's unique natural environment, as well as the importance of unity and diversity in the Australian community.
Amending the Australian Constitution, including the preamble, is a complex process. It requires a national referendum, and any changes must be approved by a majority of voters nationwide, as well as a majority of voters in a majority of states. Despite periodic campaigns and proposals for change, there has been no successful referendum to amend the preamble since the Constitution was enacted in 1901. This reflects the significant challenge of achieving consensus across Australia's diverse community and the high threshold for constitutional change.
Despite the challenges, the discussion around changing the preamble is an important part of Australia's ongoing constitutional debate and reflects a desire to ensure that the Constitution remains relevant and reflective of the values and aspirations of all Australians. It is a reminder that constitutions are living documents that should evolve with the nations they govern.
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The 1988 Constitutional Commission rejected changes to the preamble
The preamble of the Australian Constitution was drafted during the 1897–8 constitutional conventions. It can be used when interpreting the Constitution, but only to clarify an existing ambiguity. Since the 1980s, there have been increasing calls to change or replace this preamble. The proposed changes include reflecting universal values that Australians uphold and recognising the special place of Indigenous Australians in the nation.
Despite the growing support for amending the preamble, the 1988 Constitutional Commission rejected such changes. The Commission's primary concern was the challenge of drafting a proposal that would be accepted by all Australians and adequately recognise Indigenous Australians. Additionally, they believed that amending the preamble in isolation from the rest of the Constitution was not advisable. Instead, they suggested that any changes to the preamble should be accompanied by a complete rewrite of the Constitution.
The rejection of changes to the preamble by the 1988 Constitutional Commission did not deter further attempts at reform. In 1998, the Constitution Convention recommended including a new preamble alongside proposing that Australia transition to a republic. However, this recommendation was not embraced by the then-prime minister, John Howard, a constitutional monarchist. John Howard, with the assistance of the poet Les Murray, drafted a new preamble that faced heavy criticism from the Labor Party, Indigenous leaders, and the Australian public.
The ongoing debate surrounding the Australian Constitution's preamble highlights the complexities and sensitivities inherent in constitutional reform. While some advocate for a more inclusive and contemporary preamble, others express concerns about the justiciability of any proposed changes, particularly regarding the inclusion of human rights guarantees. The 1988 Constitutional Commission's decision to maintain the status quo underscores the cautious approach often taken when considering amendments to foundational documents like constitutions, ensuring that any changes made have broad acceptance and effectively address the needs and aspirations of the nation.
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The 1998 Constitution Convention recommended a new preamble and a republic
The 1998 Constitution Convention, also known as the Con Con, was held at Old Parliament House, Canberra, from 2 to 13 February 1998. It was convened by the Howard government to discuss Australia's potential transition to a republic and the constitutional model that would follow. The convention comprised 152 delegates from all of Australia's states and territories, with half elected by voluntary postal vote and the other half appointed by the federal government.
The convention concluded that Australia should, in principle, become a republic, with 89 delegates in favour, 52 against, and 11 abstentions. This would mean moving away from the current monarchical constitutional arrangements and adopting a republican form of government, with the head of state being a president endorsed by two-thirds of members at a joint sitting of the Commonwealth Parliament. This proposal, known as the Bipartisan Appointment Model, received 73 votes in favour, 57 against, and 22 abstentions.
The 1998 Constitution Convention also recommended a new preamble to the Constitution. This proposed preamble included introductory language such as "we the Australian people", recognising the authority of the Australian people rather than that of the UK. It also referenced "Almighty God", the custodianship and occupancy of Australia by Indigenous Australians, and affirmations of the law, cultural diversity, unique land and environment, and democratic political system of Australia.
The convention further recommended that a constitutional referendum be held in 1999 to put these proposed changes to the people. This referendum was indeed held in November 1999, but the proposal to become a republic was defeated, with 55% of electors voting against it. The debate around the republic dominated discussions, with the proposal for a new preamble receiving less attention. Nevertheless, the proposal for a new preamble was also opposed by the Labor Party and was ultimately rejected, with 60% of voters saying no.
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The preamble could recognise the special place of Indigenous Australians in the nation
The preamble to the Australian Constitution has been a topic of debate since the 1980s, with calls to change or replace it to reflect universal values that Australians uphold. One of the key proposals is to recognise the special place of Indigenous Australians in the nation. This recognition is seen as a way to address the entrenched disadvantage and exclusion faced by Aboriginal and Torres Strait Islander peoples, ensuring their concrete recognition within the nation's governance.
The Australian Human Rights Commission and other advocates have suggested that a new preamble could recognise Indigenous Australians as the first peoples of Australia, acknowledging their unique place in the country's history and future. This would be a symbolic gesture, but an important step towards reconciliation and addressing discriminatory provisions within the Constitution.
In 1998, the Constitutional Convention recommended including a new preamble recognising Indigenous Australians, alongside proposing that Australia become a republic. However, this process was criticised for lacking Indigenous input and bipartisan support, with the draft preamble penned by then-Prime Minister John Howard and poet Les Murray facing heavy criticism.
Since then, there have been ongoing discussions and proposals to reform the Constitution. The Uluru Statement from the Heart, released by Indigenous leaders in 2017, called for an Indigenous Voice to Parliament as their preferred form of recognition. While this proposal was defeated in a 2023 referendum, it continues to be a topic of debate, with the Australian Labor Party and left-leaning minor parties supporting a constitutionally recognised voice for Indigenous Australians.
The question of how to achieve constitutional change that recognises Indigenous Australians remains a complex issue, with ongoing consultations and discussions taking place to ensure that any changes are nationally unifying and reflect the views and aspirations of Aboriginal and Torres Strait Islander peoples.
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Frequently asked questions
The preamble of the Australian Constitution is a British act drafted during the 1897–8 constitutional conventions.
The preamble includes information on the monarchy, stating that whoever is the monarch of the UK is automatically the monarch of Australia as well.
Yes, there have been debates on whether to change or replace the preamble, as well as opposition from the Labor Party, Indigenous leaders, and the public regarding a draft penned by Prime Minister John Howard.
Proposed changes include reflecting universal values that Australians are committed to, recognizing Indigenous Australians, and ending with words of local enactment to confirm that the constitution derives its authority from the Australian people.
