Malcolm Rivera
Australia's Constitution of 1901 has been amended eight times out of 45 proposed amendments. Amendments to the Constitution require a referendum in which the amending act is approved by a majority in at least four states, as well as a nationwide majority, also known as a double majority. The eight approved amendments include changes to Senate election procedures, state debts, and the power to legislate for Indigenous Australians. The process of proposing constitutional amendments in Australia involves both legislative and democratic mechanisms, reflecting a commitment to federalism and ensuring that any modifications are carefully considered and approved by a diverse range of stakeholders.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 45 |
| Number of amendments passed | 8 |
| First amendment | 1906 – Amended section 13 to alter senators' terms of office |
| Latest amendment | 1977 – Altered section 15, but did not receive majority approval |
| Amendment requirements | Referendum with a double majority: nationwide majority and a majority in at least four states |
| Other requirements | Approval by the Governor-General and the Queen |
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What You'll Learn
- Amendments require a referendum with a double majority
- Only eight of 45 proposals have been approved
- The 1967 amendment gave the Commonwealth power to legislate for Indigenous Australians
- The Governor-General can recommend amendments to Parliament
- State Acts passed under Section 29 are no longer in force
Amendments require a referendum with a double majority
The Australian Constitution can only be amended through a referendum, as outlined in Section 128. This process requires a "double majority", meaning that an amending act must be approved by a majority of voters in a majority of states, in addition to a simple nationwide majority. This federalist safeguard ensures that changes to the Constitution cannot be imposed by the more populous states alone.
Since the Constitution's inception in 1901, there have been 45 proposals to amend it, with only eight successfully passing the stringent double-majority requirement. The first amendment occurred in 1906, altering Section 13 to modify the length and dates of senators' terms of office. The most recent amendment in 1967 empowered the Commonwealth to legislate for all Indigenous Australians by removing previous restrictions.
The double-majority requirement has proven challenging to satisfy, as evidenced by the low success rate of proposed amendments. This rigorous process ensures that any changes to the Constitution are supported by a broad cross-section of Australian society, reflecting the nation's commitment to federalism and consensus.
While the referendum process is essential for direct amendments to the Constitution, it is not the only mechanism for constitutional change. The Constitution 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. These supplementary sources of constitutional law provide a degree of flexibility and adaptability to Australia's governance, allowing for incremental changes and clarifications over time.
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Only eight of 45 proposals have been approved
The Australian Constitution can only be amended through a referendum, as set out in Section 128. This requires a double majority, meaning a majority of voters nationwide, as well as a majority of voters in a majority of states. This provision was included to ensure smaller colonies had a say in any changes to the Constitution.
Since Federation, there have been 45 proposals to amend the Constitution, but only eight have been approved by referendum. This highlights a notable trend of Australians rejecting most proposals for constitutional amendments. The eight successful proposals were approved in the referendums held in 1906, 1910, and 1928.
The 1906 referendum amended Section 13, making slight alterations to the length and dates of senators' terms of office. In 1910, Section 105 was amended to allow the Commonwealth to assume the debts incurred by a state. The 1928 referendum resulted in the insertion of Section 105A, ensuring the validity of the financial agreement between the Commonwealth and state governments.
The other five successful proposals were:
- 1946 – Social Services: Altered Section 51 to give the Commonwealth the power to make laws with respect to a range of social services, including benefits for students, and the power to take over State hospitals.
- 1967 – Indigenous Australians: Empowered the Commonwealth to make laws for Indigenous Australians and include them in population counts for constitutional purposes.
- 1977 – Referendums: Allowed residents of territories to vote in referendums, although territories do not count as states for the purpose of the "majority of states" requirement.
- 1977 – Mode of Altering the Constitution: Removed the requirement for a referendum to be approved by a majority of voters in all states, reducing the threshold to a majority in at least four states.
- 1984 – Parliamentary Terms: Amended Section 13 to extend the maximum term of the House of Representatives from three to four years.
It is worth noting that there have been ongoing debates about further amending the Constitution. These include discussions on including a preamble, proposals for an Australian republic, and formally recognising Indigenous Australians through a Voice to Parliament.
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The 1967 amendment gave the Commonwealth power to legislate for Indigenous Australians
In Australia, the Constitution can only be amended through a referendum, which requires a double majority—approval by a majority of voters in a majority of states, as well as a nationwide majority. This procedure is outlined in Section 128 of the Constitution.
On 27 May 1967, Australians voted to amend the Constitution to empower the Commonwealth to legislate for Indigenous Australians. The referendum question, which was called by the Holt government, specifically asked voters whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians and whether Indigenous Australians should be included in official population counts for constitutional purposes.
Before the 1967 amendment, the Constitution contained two sections that referred to the First Peoples of Australia. Section 51 (xxvi) gave the Commonwealth the power to make laws with respect to 'people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws'. Section 127 stated that 'in reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted'. These sections effectively meant that Aboriginal and Torres Strait Islander people were not recognised as part of the Australian population.
The 1967 referendum resulted in the removal of the phrase 'other than the Aboriginal race in any state' from Section 51 (xxvi) and the repeal of Section 127. These amendments allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population and empowered the Commonwealth to make laws for them. The referendum was overwhelmingly endorsed, with 90.77% of voters supporting the changes and every state recording a majority 'Yes' vote.
It is important to note that the 1967 referendum did not grant Aboriginal and Torres Strait Islander peoples the right to vote in elections. This right was already granted by Commonwealth legislation in 1962, although voting was not compulsory for Aboriginal and Torres Strait Islander peoples until 1983.
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The Governor-General can recommend amendments to Parliament
The Australian Constitution outlines a specific process for proposing and enacting constitutional amendments. While the Governor-General plays a role in this process, their power to recommend amendments to Parliament is limited and subject to certain conditions.
According to Section 128 of the Australian Constitution, a proposed amendment must go through a referendum to be enacted. This involves securing a "double majority," which means that the amendment must be approved by a majority of voters nationwide and a majority of voters in a majority of states (at least four states). This process ensures that any changes to the Constitution reflect the will of the people across the country and uphold the principles of federalism.
The Governor-General's role in this process is outlined in the Constitution. When a proposed law passed by both Houses of Parliament is presented to the Governor-General for the Queen's assent, the Governor-General has several options. They may declare that they assent in the Queen's name, withhold assent, or reserve the law for the Queen's pleasure, subject to the Constitution. Additionally, the Governor-General can return the proposed law to the originating House of Parliament and transmit any amendments they recommend. However, it is important to note that the Houses of Parliament are not obligated to accept or implement the Governor-General's recommended amendments.
While the Governor-General can recommend amendments to Parliament, their power to do so is limited by the requirement for a referendum and the need to secure a double majority. This democratic process ensures that any changes to the Constitution reflect the will of the Australian people and are not solely dependent on the decisions of the Governor-General or Parliament alone.
In summary, while the Governor-General can recommend amendments to Parliament, the process of amending the Australian Constitution is ultimately driven by popular vote through referendums. This system balances the roles of the Governor-General, Parliament, and the people in shaping the country's fundamental laws.
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State Acts passed under Section 29 are no longer in force
The Constitution is the primary source of Australian constitutional law. It operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations of these laws by the High Court of Australia. To amend the Australian Constitution, a referendum is required, as outlined in Section 128. This entails securing a double majority, with support from a majority of voters nationwide as well as a majority of voters in a majority of states. This double majority requirement reflects a commitment to federalism, ensuring that any amendments cannot be imposed solely with the backing of the more populous states.
Since the Constitution was established, there have been 45 proposals to amend it, out of which only eight have been approved by the people. The approved amendments span several decades and address various aspects of governance. The first amendment was passed in 1906, amending Section 13 to make slight alterations to the length and dates of senators' terms of office. In 1910, another amendment was approved, this time targeting state debts. This amendment modified Section 105 to enable the Commonwealth to assume the debts incurred by a state post-Federation.
Another notable amendment occurred in 1928, once again concerning state debts. This time, Section 105A was inserted into the Constitution to affirm the validity of the financial agreement reached in 1927 between the Commonwealth and state governments. One of the most significant amendments took place in 1967, when the Constitution was altered to empower the Commonwealth to legislate for all Indigenous Australians. This amendment removed the restriction that had previously prevented the Commonwealth from legislating in states regarding Indigenous matters.
While the details of the specific "State Acts passed under Section 29" were not readily available, it is clear that any amendments to the Australian Constitution require a rigorous process of referendum and majority approval. The limited number of approved amendments underscores the challenging nature of implementing constitutional changes in Australia.
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Frequently asked questions
Amendments to the Constitution of Australia can be proposed by both Houses of the Parliament and are presented to the Governor-General for the Queen's assent.
For an amendment to be approved, it must pass a referendum requiring a double majority: a majority of voters in at least four states, as well as a nationwide majority.
Out of 45 proposed amendments put to a referendum, only eight have been approved.
