reasons for constitutional reform Flashcards
1
Q
Reasons for constitutional reform
A
- reflect a modern society
- increase protection of rights
- change the Cth’s law-making powers
- reform Australia’s political system
2
Q
Reflect a modern society
A
- 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- Occasionally this means aspects of the Constitution are out of date.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.
3
Q
Example of reflect a modern society
A
- 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.
4
Q
Increase protections of rights
A
- 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
5
Q
Example of increase protections of rights
A
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
6
Q
Change law-making powers
A
- 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
7
Q
Reform Australia’s political system
A
- 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
8
Q
Example of reform Australia’s political system
A
1999: proposal to make Australia a republic instead of a monarchy, failed but has gained support over the years