DP8 Reasons for constitutional reform Flashcards
What are the 4 reasons for constitutional reform?
To recognise First Nation’s people, to increase the protection of rights, to change Commonwealth parliament’s law-making powers, and to reform Australia’s political system.
Why is recognising First Nations peoples a reason for constitutional reform?
There is no mention of First Nations peoples, their history or connection with the land in the Australian Constitution (1966 preamble referendum), and they were not recognised as part of the reckoning population prior to the 1967 referendum. Furthermore, policies and law-making powers regarding First Nations peoples was a residual power, leading to inconsistencies between laws between states (1967 and 2023 referendums).
This led to the 1966, 1967 and 2023 referendums to address these changes.
First Nations peoples - what happened in the 1966 referendum?
There was an attempt to change the preamble to the Constitution to recognise First Nations peoples and their relationship with the land, as well as their culture. This was defeated.
First Nations peoples - What happened in the 1967 referendum?
Indigenous people were counted as part of the reckoning population, and thus were counted in the census, with the removal of section 127. This allowed for policies to be informed, and made by the government. Furthermore, with the removal of the sentence ‘other than the Aboriginal race’ in Section 51, the government was able to use the ‘race power’ to legislate for Indigenous people and affairs.
First Nations peoples - What happened in the 2023 referendum?
People were asked whether they wanted an independent and advisory First Nations Voice to Parliament, which could advise the government on policies and laws which affect First Nations peoples. This was defeated.
Why would increasing the protection of rights be a reason for constitutional reform?
The current 5 express rights are limited in scope, and are seen to only impose limits or restrictions upon the government’s law-making ability, rather than being a freedom of the people. Some people have called for the adoption of a bill of rights to clarify or broaden the interpretation of express rights. For example, Victoria has a charter of Human Rights, and the USA has a constitutional bill of rights.
Why would changing commonwealth parliament’s law-making powers be a reason for constitutional reform?
Commonwealth parliament has sought changes to the Constitution to give it more powers. For example, a High Court case in 1946 found that the laws Commonwealth parliament had made relating to social services, such as dental services, parental leave and unemployment benefits, was invalid, as it was not granted such powers in the Constitution. Therefore, the 1946 referendum was held to allow Commonwealth parliament to legislate on social services and was passed, achieving the double majority provision. Therefore, section 51 (xxiiiA) was added to the Constitution.
Why would reforming Australia’s political system be a reason for constitutional reform?
A Constitutional amendment is needed to alter the framework of Australia’s legal system, and therefore the 1988 referendum was held to change the terms of both Commonwealth parliament houses to 4 years. This was defeated.
Additionally, to change the framework of Australia’s political system, a referendum in 1999 was held, which proposed for Australia to become a republic. The Queen (at the time) and Governor-General would be replaced with a president, who would be chosen by 2/3rds majority of Commonwealth parliament. This was defeated.
