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
2
Q
What section sets out the process of changing the constitution?
A
Section 128 of the Aus Constitution
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.
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)
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)
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