reasons for constitutional reform

Question 1

Reasons for constitutional reform

Answer 1

• reflect a modern society
• increase protection of rights
• change the Cth’s law-making powers
• reform Australia’s political system

Question 2

Reflect a modern society

Answer 2

• Constitution was drafted in the 1890’s, and society has changed dramatically since then.
• Occasionally this means aspects of the Constitution are out of date.
• could be parts that are morally or ethically wrong (discriminatory), or parts that no longer work in an evolving society.

Question 3

Example of reflect a modern society

Answer 3

• The Constitution originally prohibited the Cth from making laws for Aboriginals.
• also prohibited Aboriginals from being counted in the census. The basis for including these provisions was discriminatory.
• The 1967 referendum to abolish this was the most successful in Australia’s history, achieving over 90% yes votes.

Question 4

Increase protections of rights

Answer 4

• 5 express rights in Constitution are limited in number and scope.
• have been calls to change the Aus constitution to protect basic democratic freedoms, or to clarify or broaden the existing express rights.
• Some have suggested that Aus should incorporate a bill of rights
• some argue that Constitution should include recognition of Indigenous Australians

Question 5

Example of increase protections of rights

Answer 5

Voice to Parliament 2023:
* Proposal: to establish an advisory body called ‘the Voice’ which would provide advice to Parliament on issues impacting Indigenous Australians.
* This referendum was unsuccessful

Question 6

Change law-making powers

Answer 6

• in the past the Cth has sought to change the Aus constitution to provide it with more power
• for example, if the Cth wanted to legislate in an area of residual power, they would have to add it to the Constitution first

Question 7

Reform Australia’s political system

Answer 7

• legal structures established in the Constitution may no longer suit Aus people or they may be better alternative approaches

structures include:

• allowing more people to be eligible to sit in Parliament (eg. dual citizenship not allowed)
• timing of elections
• being a republic

Question 8

Example of reform Australia’s political system

Answer 8

1999: proposal to make Australia a republic instead of a monarchy, failed but has gained support over the years