Chapter 14.2

Question 1

process of changing the constitution

Answer 1

before a referendum can be held there must be a proposal to amend the constitution.
- this proposal can come from either the federal parliament or the state and territory legislators
- the australian constitution requires that any changes to the wording of the constitution must occur via a referendum and a double majority provision must be satisfied for any referendum to be successful
- has three stages: the parliament, the people and the Governor-General.

Question 2

The parliament

Answer 2

To change the Australian Constitution, a proposed amendment must be introduced and passed by the Commonwealth Parliament with a majority in both houses. If approved, it is then put to a national vote within two to six months. If one house rejects the bill, the other house can try again after three months. If rejected a second time, the Governor-General can present it directly to voters.

Question 3

the people

Answer 3

Once Parliament agrees on a constitutional change, a compulsory referendum is held where all eligible voters must vote. Before the vote, the Australian Electoral Commission sends information to every household explaining the proposed change and presenting both sides of the argument.

Question 4

double majority means

Answer 4

In a referendum, voters must respond with ‘yes’ or ‘no’ to the proposed change. For the referendum to succeed, it must meet the double majority requirement:

1. A majority of voters across Australia, including the territories, must vote ‘yes.’
2. A majority of voters in at least four out of the six states must also vote ‘yes.’

The territories are not considered for the second requirement, ensuring smaller states are not dominated by more populated ones. This protects the interests of all states equally.

Question 5

benefits of double majority

Answer 5

• provides for a check upon the laws made by the commonwealth parliament
• requires the consent of the majority of aus and states which minimises the chances of more populous states being able to exert more power then less populous states
• if there is a refrendum proposed that will affect one state above all others, that state must also have a majoirty of yes votes in order for the refrendum to pass

Question 6

disadvantage of double majority

Answer 6

• very difficult to achieve
• even if a change to the constitution is necessary it may not happen due to the strenuous requirements of the provision
• because the constitution is heavily protected it makes constitutional reform very difficult

Question 7

the governor general

Answer 7

If a proposed change gets majority support from voters in most states and across Australia, it is then sent to the Governor-General for approval. Achieving this double majority is challenging; only eight out of 44 referendums have succeeded as of early 2023. For instance, a post-World War II proposal to change the Constitution’s wording was rejected by voters.