changing a constitution-referendum Flashcards

1
Q

What are the requirements for passing a referendum?

A
  • approval from the Cth houses of Parliament
  • double majority
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2
Q

What section sets out the process of changing the constitution?

A

Section 128 of the Aus Constitution

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3
Q

What is an absolute majority?

A

More than half of the total members of the Senate or House of reps agree, regardless of attendance. This means 76 in the HoR and 39 in the Senate.

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4
Q

Approval from the Cth houses of Parliament

A
  • Proposed change must be written into a Constitution Alteration Bill
  • It must be passed by an absolute majority in both Houses of Parliament
  • If one house rejects the proposal, after a period of 3 months the first house again must pass the bill with absolute majority and it is able to be passed then with consent of the Gov-General (deadlock provision)
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5
Q

Double majority

A
  • Between 2 to 6 months after passing thru Parliament (thru either method), proposal must be submitted to a referendum of all voters in Aus
  • The changes are expressed to the public as a yes/no question and the vote must achieve a double majority
  • A double majority is a vote of yes from a majority of voters in Australia (including territories) and a majority of voters in a majority of states (ie. over half the voters in 4/6 states)
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6
Q

What happens if a referendum passes a double majority?

A
  • the proposal is then submitted to the gov general for royal assent
  • once this is received, the wording of the Constitution is changed
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