* The significance of one referendum in which the Australian people have protected or changed in the Australian constitution. Flashcards
What is a referendum?
A compulsory vote required for a proposed change to the wording of the constitution.
Whats the FIRST step required for changing the constitution?
BILL PASSED- A bill is introduced in parliament and passed by an absolute majority in the house of representatives and the Senate.
SECOND step required for changing the constitution?
THE FACTORS- members in the parliament who support the proposed change, prepare the ‘yes’ case, and members who do not support the change, prepare the ‘no’ case.
THIRD step required for changing the constitution?
AEC- The Australian Electoral commission produces and sends out a pamphlet explaining the ‘yes’ and ‘no’ cases.
FOURTH step required for changing the constitution?
Australians vote ‘yes’ or ‘no’.
Prior to the 1967 Aboriginal referendum- explain the sections of S51 (xxvi) and section 127.
- Section 51 (xxvi)- This meant that the Commonwealth could not make any laws regarding the Indigenous population. This was left up to the states, where Aboriginals needed ‘special laws’.
- Section 127- This meant that when counting the Australian population, Indigenous Australians were not counted in the census.
What did the 1967 Aboriginal referendum underline?
- Underlined that section 51 of the constitution should be changed, so that the commonwealth would be able to legislate for Indigenous Australians.
- Underlined that section 127 should be removed, so that Aboriginal people would be counted towards Australias census.
Why was the 1967 referendum so significant?
The successful referendum was significant as it resulted in a shift in the division of law-making powers.
Indeed, it increased the powers of the commonwealth parliament, as the parliament was now able to legislate in a previous residual area.
The 1967 Aboriginal referendum also illustrated the power of Australian people to decide whether changes in the constitution should be made.
The referendum also enabled the commonwealth to become more involved in dealing with the Aboriginal and Torres strait Islander peoples, e.g., implementing policies to financially assist the Indigenous populations.
Outline the role of the Australian people in being able to protect or change the Australian constitution.
Australians play a big role in being able to protect or change the Australian constitution, as it isn’t just elected law-makers alone who are able to amend the constitution, but voting participation is crucial.
The voters can choose to approve or veto the proposed changes to the Australian constitution.
However, voters cannot initiate a proposed change to the wording of the Australian constitution, proposed changes can only be initiated and passed by the commonwealth parliament.
Explain how the constitution was changed due to the 1967 referendum.
Prior to the 1967 Aboriginal referendum, section 57 (xvii) of the Australian constitution, declared that the Commonwealth parliament could not legislate in areas regarding the Indigenous and Torres Strait Islander populations. This was because, laws regarding Indigenous peoples, were exclusive to the states (residual power), depending on the “special laws” they might need.
In addition to this, section 127 of the Australian constitution, declared that Indigenous and Torres Strait Islander peoples were not be counted towards Australia’s population, and thus the census.
However, the 1967 referendum was successful in changing the wording of these sections in the constitution. It outlined how section 51 (xvii) was to be changed so that the commonwealth parliament was able to make laws for Aboriginal and Torres Strait Islander peoples, and that section 127 to be removed so that Aboriginal peoples were to be counted towards Australia’s population.
This referendum was significant, as it resulted in a shift in the division of law making powers, increasing the power of the commonwealth parliament, as it is now able to make laws in a previous residual area. It was also significant as it illustrates the power of the views and values of the Australian people in being able to change the Australian constitution, or even protect it.
Explain the importance of the double majority provision of section 128 of the constitution.
The double majority provision is important, as it does not just give power to elected law-makers to protect or change the wording of the Australian constitution, but it also takes into account the views and values of the Australian people, as they too have a choice to approve or veto the proposed changes to the wording of the constitution.
