Chapter 14.1 Flashcards
reasons for constitutional reform
constitutional reform
Constitutional reform is the process of changing or amending a country’s constitution to address political, social, or legal needs. Reforms can address issues like government powers, electoral rules, or recognizing Indigenous Australians.
requirements of constitutional reform
requires a national referendum, needing a “double majority”—a majority of voters nationwide and in at least four of six states
reasons for constitutional reform
- To recognise australia’s first nations people
- To increase the protection of rights
- To change the commonwealth law making powers
- To reform australia’s political system
- remove outdated constitutional provisions
to recognise australias first nations people
The Australian Constitution does not mention First Nations people or acknowledge their presence on the continent for at least 65,000 years before European colonization. Until 1967, it explicitly excluded them from the population count, leaving related policies to the states and causing inconsistencies. There are ongoing debates over amending the Constitution to recognize First Nations Australians.
proposed changes for reform of first nations people
- establishing a First Nations Voice to Parliament,
- a body enshrined in the Constitution to advise on laws affecting First Nations people,
- adding a preamble to the Constitution to honor and recognize First Nations people, as attempted unsuccessfully in the 1999 referendum.
to increase the protection of rights
The Australian Constitution includes five express rights that limit the Commonwealth Parliament’s powers, such as religious freedom under Section 116. These rights restrict government power rather than grant freedoms, with most rights protected by statute or common law. There have been calls to amend the Constitution or introduce a bill of rights, particularly concerning freedom of speech.
case study: freedom of speech in relation to law reform to increase the protection of rights
In Australia, freedom of speech is not protected by the Constitution but by statute law, leading to frequent debates over its limits. The 2015 dismissal of SBS reporter Scott McIntyre for controversial Anzac Day tweets and debates over Section 18C of the Racial Discrimination Act, which restricts offensive acts based on race, have highlighted concerns. Some, like Professor George Williams, advocate constitutional protection for free speech.
change the commonwealths law making powers
The Australian Constitution divides law-making powers between the Commonwealth and the states. The Commonwealth holds exclusive and concurrent powers, while the states have concurrent and residual powers. The Commonwealth has sought to expand its powers via referendums, often following High Court rulings against its authority. While some attempts failed, a 1946 referendum successfully granted power over social services. There have also been proposals to reduce Commonwealth powers, such as repealing the race power in Section 51(xxvi).
reform Australia’s political system
There are calls to change the Australian Constitution to reform the political system. Proposals include:
1. Election Timing: Extending the House of Representatives’ term to four years and setting fixed terms to reduce costs and prevent politically motivated early elections. A similar 1988 referendum failed, but a 2004 committee supported the idea.
2. Eligibility for Parliament: Amending Section 44(i) to allow dual citizens to serve in Parliament, especially after several MPs were disqualified in 2017, to better reflect Australia’s diversity.
3. Becoming a Republic: Replacing the British monarch with an Australian head of state. A 1999 referendum on this was rejected, but there remains significant support, and the government is considering a new referendum as of 2023.
