Chapter Two: Constitutional Changes and Debates

Question 1

Referendum

Answer 1

The formal means of constitutional change designated through section 128, which polls a question to every citizen asking if the constitution should be changed in a certain way. To succeed, it must receive a double majority.

Question 2

Double Majority

Answer 2

A majority of both the number of states and number of total voters, which needs to be achieved to pass a referendum.

Question 3

Institutional Factors (Failing of Referendums)

Answer 3

Factors inherent in the structure of the referendum process which contribute the failing of referendums, such as the double majority requirement.

Question 4

Political Factors (Failings of Referendums)

Answer 4

Political loyalties that effect the voting behaviour of individuals, such as the disapproval of a Prime Minister of state Premier.

Question 5

Attitudinal Factors (Failings of Referendums)

Answer 5

The political culture and general attitudes of Australian voters that influence the decision of a voter, such as the distrust of centralist politicians

Question 6

Referral of Powers

Answer 6

As per section 51 of the constitution, the States can refer any of their powers onto the Commonwealth. In 2002, the States referred powers relating to terrorists to the Commonwealth so that the Commonwealth could create a uniform policy.

Question 7

Unchallenged Legislation

Answer 7

Legislation which is not in the jurisdiction of the Commonwealth but goes unchallenged by the States, such as the Snowy Mountains scheme in 1949.

Question 8

Mirror Legislation

Answer 8

Legislation which is discussed and introduced concurrently by both the Commonwealth and the States, such as the 1996 uniform gun laws.

Question 9

Australian Constitutional Convention

Answer 9

A Convention which was made up of representatives from state, local and federal governments with the states enjoying the most power. They met to discuss constitutional change between 1973-1983. It succeeded in 1977 by passing three out of four proposed referendum questions, however mostly it initiated arguments between the state governments and the Commonwealth.

Question 10

Constitutional Commission of 1985

Answer 10

A formal body created by the Hawke government in 1985 composed of eminent Australians that met to review the constitution. It met several times but none of the chosen referendums passed.

Question 11

Uniform Tax Agreement

Answer 11

An agreement reached between the States and the Commonwealth in 1942. It allowed the Commonwealth to become the sole administrator of income tax throughout the remained of the second World War and afterwards.

Question 12

Tied Grants

Answer 12

As outlined by section 96 of the constitution, the Commonwealth is allowed to give allotments of money to the state governments on the terms and conditions they see fit. It allows the Commonwealth to have significant influence over the state governments.

Question 13

Vertical Fiscal Imbalance

Answer 13

A term used to describe the financial situation between the states and the Commonwealth. The States spend more money than raise and the Commonwealth raises more money than it spends, as such the states must rely on grants from the Commonwealth.

Question 14

2008 Intergovernmental agreement on federal financial relations

Answer 14

An agreement reached in 2008 where the categories for where section 96 tied grants could be spent were shortened from 90 plus to six. These six were healthcare, disability, education, housing affordability, indigenous affairs and skills. Largely these reforms have had very little effect.

Question 15

Ha’s Case

Answer 15

A High Court decision in which the court ruled that the collection of licence fees levied on tobacco and petrol and alcohol fell under the jurisdiction of the Commonwealth as it was under their power of collection over excise duties.

Question 16

1975 Constitutional Crisis

Answer 16

An event in which the ALP Whitlam government did not have a majority in the Senate and the Coalition did after two Labor senators were replaced with non-Labor senators. The Coalition continually blocked the supply bills which were needed to pass in order to allocate funds to run government. As a result, the Governor General John Kerr dismissed Whitlam as Prime Minister and nominated Malcolm Fraser as caretaker Prime Minister. Meanwhile, the House of Representatives was launching a vote of no confidence against Malcolm Fraser, however by this time Kerr had already issues the electoral writ for a double dissolution election.

Question 17

Minimalist Republic Model

Answer 17

A model of an Australia republic that only slightly changed the Australian system, separating itself from the Commonwealth and replacing the Governor General with a parliamentary elected President.

Question 18

Maximalist Republic Model

Answer 18

A model of an Australian republic that significantly changed the Australian political system, choosing a popularly elected President that has codified powers.

Question 19

Constitutional Convention of 1998

Answer 19

A Convention created by the Howard government in 1998 which government elected members and popularly elected members. It was made to debate and reach a unified proposal to the Republic debate, and eventually settled on a minimalist model to be put forward as a referendum question.

Question 20

What are some forms of Constitutional Change?

Answer 20

The only way to physically change the constitution are through referendums, however there are other ways to change the effects and/or principles behind the constitutional. These include:
• Referral of powers and unchallenged legislation
• High court decisions
• Financial power
Referral of powers and unchallenged legislation alter the way the powers were designated in the constitution while the High Court interprets the meaning of the constitution and therefore can change the constitution to a certain interpretation. Financial power had changed the principles at which the constitution was founded at, slowly making the Commonwealth the dominant partner in the federal relationship contrary to what the principles of the constitution suggest.

Question 21

Describe the Process of a constitutional referendum

Answer 21

A referendum has four processes:

1. It must pass through parliament, either through both houses or through the lower house once, and then through the lower house again after a period of three months. The legislation must specify the exact wording of the referendum.
2. It must gain approval by the people, the majority of people must vote yes to the referendum.
3. It must gain approval by the states, the majority of states must have a majority voting yes to the referendum.
4. Finally, it must gain approval by the Queen or Governor General.

Question 22

Describe and Give Examples of Institutional Factors that affect the outcome of referendums

Answer 22

Institutional factors are factors that are inherent in the structure of referendums and the Australian political system. The fact that a referendum must achieve a double majority is an example of an instructional factor, in 1977 when 62% of voters said yes to change the constitution to specify that the elections of the House of Representatives and the Senate should happen simultaneously, the proposal was defeated since Queensland, Tasmania and Western Australia all had majority no votes. These states are some of the least populous states as well, which highlights how the double majority barrier can easily block referendums. Other institutional factors are the federal government is given the exclusive right to initiate referendums, which creates the image that the referendum is benefiting only the federal government. Moreover, all questions are restricted to a simple yes/no answer which can simplify complex political issues. If the issue is too complex, some voters will just vote no.

Question 23

Describe and Give Examples of Political Factors that affect the outcome of referendums

Answer 23

Political loyalties influence the decision of a voter, a voter might not understand an issue or may not be able to comprehend the consequences of the referendum. If so, they may look to regional and/or party views on the referendum. As a result, if a major political party or several regional leaders are opposed to the change then the referendum will almost certainly fail. There is a belief that referendums coming from the federal government benefit only the federal government, especially if they increase the power of the federal government in any way. State leaders may also choose to endorse a no position in order to create the image that they are ‘championing states rights’ and therefore gain a political advantage. For the opposition, attacking a referendum proposal can be seen as an enticing political advantage, as this could weaken the image of the government and increase the chance for the opposition to win the next election. This happened in 1984, when the Labor governments two referendum questions opposed by the opposition and failed, despite the fact that the previous Liberal government had campaigned for the same referendum in 1977.

Question 24

Describe and Give Examples of Attitudinal Factors that affect the outcome of referendums

Answer 24

Attitudinal factors are common beliefs and opinions that influence the decision of a voter. Many people may distrust politicians and do not understand the ramifications of the proposed referendum. Therefore:
• People who have no opinion or resent being forced to vote will most likely vote no
• People who see referendums as a way of the federal government increasing their own power will vote no
• People who believe that the constitution has generally led to stable government and therefore shouldn’t be tinkered with and will vote no
Other more general factors that may contribute to the no vote include the influence of the media, the involvement of pressure groups and the length of the referendum question itself.

Question 25

What are the characteristics of successful referendums?

Answer 25

Successful referendums most often:
• Have bi-partisan support, support from both the major parties and major party leaders
• Do not impede the powers of the states or increase the power of the Commonwealth
• Continue existing benefits to voters (1946 social services proposal)
• Have minor procedural changes (1977 retirement of judges)
• Are supported by basic morals or fair judgement (1967 Aboriginal citizenship, 1977 casual vacancies)

Question 26

List the specific constitutional conventions that were breached during the constitutional crisis of 1975

Answer 26

The convention that a vacancy in the Senate should be filled by a member of the same party was breached by the NSW and QSL governments when they replaced a Labor Senator with non-Labor senators. The Senate also blocked a supply bill which by convention they should always pass. Finally, the Governor General John Cur used his reserve powers without consulting the prime minister.

Question 27

What were the consequences of the constitutional crisis of 1975

Answer 27

The main consequence of the constitutional crisis of 1975 was that it highlighted the distinction between constitutional convention and constitutional law. The fact that constitutional convention was broken weakened its significance and it revealed how large the discrepancy between the theory of the constitution and the practice of parliament.

Question 28

Explain why republican support increased for Australia in the 1970s

Answer 28

After the Second World War, Australia became less politically aligned to the United Kingdom. Moreover, Australia had become more culturally and ethnically diverse and the kinship tie with the United Kingdom was weakening. The constitutional crisis of 1975 made many Australians resent the excessive powers of the Governor General, and finally the royal family became more of a sceptical than a symbol of power and leadership.

Question 29

Outline the key arguments for and against a republic

Answer 29

In support of the Republic:
• It would give Australia its own national identity separate from the traditional and outdated symbol of the United Kingdom.
• It would limit the excessive powers of the Governor General
• It would recognize that the sovereignty of Australia lies with the people
Against the Republic:
• It would weaken the symbolic link between Australia and the UK, which some people view as historically significant
• Some people resent changing a system that has previously worked well
• It could be viewed as an attempt from the federal government to increase their own power

Question 30

Give Reasons for why the 1999 Republic referendum failed

Answer 30

• The referendum did not have bi-partisan support, the Prime Minister was not in favour of it
• There was contention among republicans about the proposed minimalist model which resulted in many republicans voting no to the referendum
• There was strong opposition from the Australian Monarchist League who adopted the phrase ‘politician’s republic’