chapter 13 and 14 legal Flashcards
Reasons to change law reforms
- changes in beliefs
- advances in technology
- greater need for the protection of community
how to influence law reform
- petitions
- demonstrations
- use of courts
- media and law reform
Law reform bodies
- VLRC
- majority inquiry
- community inquiry
- monitor
-education - parliament committees
-standing committees
-select committees
-joint investigatory committees - royal commissions
- prepare consultations
- undertake them
- seek inputs
- hold hearing
Reasons for constitutional reform
- recognise the first nations people
- form Australia’s political system
- change the commonwealth law making
- increase protections of rights
processes of the constitutional reform
- the parliament
- the bill is proposed to the parliament
- the bill has to be passed by both houses - the people
- the people are informed and then have to vote yes or no
. if no the constitution os not changed
.if voted yes there needs to be double majority - the governor general
- granted royal assent
- constitution is changed
factors affecting referendums
- Bipartisan support - when both political parties agree
- seek of change
- nature of the proposal
- education
1967 referendum
background: Until 1967, the Australian Constitution did not give the Commonwealth the power to legislate for First Nations people or to include First Nations people in national censuses.
proposal: a referendum was put up and the proposed change was unanimously passed in the Commonwealth Parliament.
results: The very high level of support across all states
2023 referendum
background:
A Voice to Parliament was recommended following the National Constitutional Convention held at
Uluru in May 2017.
proposal:
a referendum was put to the people about whether to change the Consitution to formally recognise First Nations people and to enshrine a Voice to Parliament.
-no support
results:
60.06 per cent of voters in Australia voted ‘no’ to the referendum question.
double majority
states:
>50%
Australia:
<50%
must vote yes to change the constitution
4/6 states must say yes