Chapter 14 - constitutional reform (finished)

Question 1

Reasons for constitutional reform

Answer 1

• To recognise Australia’s first nations people
• To increase the protection of rights
• To change the Commonwealth’s law-making powers
• To reform Australia’s political system

Question 2

The process to change the constitution

Answer 2

• The parliament
  proposes and passes the bill.
• The people vote yes or no, and
  must satisfy double majority: a majority of voters in Australia, a majority of voters in a majority of states (4/6) vote yes.
• The governor general provides royal assent and changes the constitution

Question 3

Factors affecting referendum success

Answer 3

• Bipartisan support for the proposal (2 parties)
• Whether the voters are seeking change (people’s ownership vs government ownership)
• The nature of the proposal (straightforward and accessible, or complex and difficult to understand)
• Education about the proposal

Question 4

1967 referendum

Answer 4

In 1967, a referendum was put to the people about whether to change the Australian constitution in relation to First Nations people. The change would allow the Commonwealth to make laws about Aboriginal Australians, formally counting them in the state and national census. It was unanimously passed, and allowed a key reform that allowed the Commonwealth to legislate in an area that was once a residual power. It showed that constitutional change is possible, and that the Australian people significantly influence change, both in campaigning and voting.
Although the Australian people can change the constitution, they cannot necessarily force the Commonwealth to change the law. The Commonwealth did very little in this policy area for some time, even against public scrutiny.

Question 5

The 2023 referendum

Answer 5

The 2023 did not achieve either limb of the double majority requirement, with over 60% of voters voting ‘no’ and none of the six states achieving a majority yes. This therefore shows that people are able to reject a change to the Australian Constitution.
No bipartisan support
No change was sought by the public, as they were concerned about the idea of the ‘Voice”.
The nature of the proposal was complex and difficult to understand
Australians lacked education and knowledge about the constitution
The referendum may have highlighted embedded racism that continues to impact on people’s beliefs and voting behaviours in relation to First Nations people.