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
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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  • Occasionally this means aspects of the Constitution are out of date.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.
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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.
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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
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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

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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
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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
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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

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