the process to change the constitution

Question 1

overview of the process to change the
Constitution

Answer 1

• Changes to the Australian Constitution may be necessary at times to reflect evolving needs.
• The process for amending the Constitution is outlined in section 128 and requires a referendum for proposed changes.
• Historically, it has been challenging to successfully change the Constitution, with few proposals being approved.
• When the Constitution is amended, the new wording is incorporated once the bill passes through parliament and receives royal assent.
• Changes may lead to an increase in the Commonwealth’s law-making powers, though this is not always the case (e.g., the 1977 referendum set a compulsory retirement age for judges without altering law-making powers).
• The procedure for amending the Constitution consists of three stages: parliament, the people (via referendum), and the Governor-General’s assent.

Question 2

The Parliament

Answer 2

• Proposed changes to the Australian Constitution must first be introduced and passed in the Commonwealth Parliament.
• The Commonwealth Parliament has the authority to decide whether to introduce constitutional changes.
• A constitutional alteration bill is prepared, outlining the proposed amendment (e.g., Constitutional Alteration (Rights and Freedoms) 1988 (Cth)).
• The bill must be passed by an absolute majority in both houses of Parliament.
• If passed, the proposal must be submitted to voters within two to six months after passing the House of Representatives.
• If one house passes the bill with an absolute majority but the other house rejects it, the first house can reintroduce the bill after three months.
• If the bill is rejected again by the second house, the Governor-General may submit the proposed change to voters.

Question 3

The people

Answer 3

• Once the proposal is approved in the Commonwealth Parliament, the referendum process begins.
• A referendum is a compulsory vote on a proposed change to the Australian Constitution.
• All eligible voters for the House of Representatives must participate in the referendum.
• Before the referendum, the Australian Electoral Commission distributes information to every household.
• This information explains the proposed change and includes arguments for and against it.
• The arguments are commonly referred to as the ‘yes’ case (supporting the change) and the ‘no’ case (opposing the change).

Question 4

Double majority provision

Answer 4

In the referendum, voters are required to answer ‘yes’ or ‘no’ to the question asked. For the referendum
to be successful, each referendum question must satisfy the double majority provision:
* a majority of voters in the whole of Australia (including the territories) must vote ‘yes’
AND
* a majority of voters in a majority of states must vote ‘yes’ to the proposed change – that is, the
referendum must be approved by a majority of voters in at least four out of the six states before it is
accepted. The territories are not counted under this provision. The provision protects the smaller
states from being dominated by the larger, more populated states. It means each of the states has an
equal voice regardless of its size or population.

Question 5

define double majority

Answer 5

a voting system that
requires a national
majority of all voters in
Australia and a majority
of electors in a majority
of states (i.e. a majority
of voters in at least four
states) to vote in favour
of a proposal. A double
majority is required for
a change to be made
to the wording of the
Australian Constitution
at a referendum

Question 6

The Governor-General

Answer 6

• If the proposed change receives a ‘yes’ vote from a majority of voters in a majority of the states, as well as a majority of all electors in Australia, it is presented to the Governor-General for royal assent.
• The requirement for a double majority (majority of voters in a majority of states and overall majority of voters) has been challenging to achieve.
• As of early 2023, only eight out of 44 referendums have succeeded.
• An example includes a proposed change to the wording of the Australian Constitution that was rejected by the people following World War II.