There are three ways in which the division

There are three ways in which the division of lawmaking power can be altered/changed 1. ) through amending the wording of the Constitution by holding a referendum 2. ) through a decision of the High Court in a case that involves some interpretation of the Commonwealth Constitution 3. ) through the states referring or giving some of their lawmaking powers to the Commonwealth Parliament

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When a referendum is held, the people of Australia are asked to vote on Parliament’s proposed changes to the Constitution. Section 128 of the Constitution sets out the procedure for changing the wording of the Constitution by holding a referendum The division of law-making power outlined by the Constitution can be changed through amending (changing) the actual wording of the Constitution, according to section 128. This makes it necessary to hold a referendum. Referendum definition: A referendum involves a direct vote on an issue by all people of voting age.

The Process: Those who wrote the Constitution knew that as times changed, the Constitution would need amendment To change the Constitution, the issue being voted on must be expressed as a question. All enrolled voters of Australia must answer either ”yes” or “no” by ticking a box to indicate their response to the question

The process described in section 128 of the Constitution of amending the wording of the Constitution is rigorous. There are many requirements, including at least one house of parliament approving that a referendum be put to the people, bipartisan support, meaning at least two major political parties must support the proposal but it must also obtain a double majority This means: The majority of voters must say yes to the referendum proposal in a majority of states across Australia and majority of voters in the whole of Australia must also vote yes to the proposed change

1. ) the proposed change to the constitution is put into the form of a bill. If this is passed by both federal houses it will go to the people. If only passed by one house it can be put to the governor general who can submit it to the people 2. ) between two and six months later the proposal is put to all enrolled voters in each state and territory in the form of a yes or no question 3. ) the proposal must meet section 128 requirements to be successful: Majority of voters in majority of Australia AND majority of voters in majority of states (at least 4 out of 6) 4. ) if these requirements are met, the bill will go for Royal Assent by the Governor General and the wording of the constitution will change. If unsuccessful, no change.

Double majority vote Majority of voters in the majority of Australia and the majority of voters in a majority of states (AT LEAST 4 out of 6 states)

Please put these requirements into your booklet table

Why make it so hard To protect the interests of the smaller States When Constitution was drafted, some smaller colonies (now States) were worried that the more popular States and the newly formed Commonwealth would dominate over smaller states It can be argued that because of this, now the smaller States have greater impact on whether referendum proposals are successful For eg- Tasmania (with 500 000 population) would have the same say as NSW (7. 3 million population).

Where do proposals for change via referendum come from? 1998 Constitutional Convention, which considered whether Australia should cut ties with the Royal Family and become a Republic Can come from the States Parliamentary committees Royal commissions Community Pressure Groups eg. The Australian Republican Movement (which was influential in the 1998 debates).

Describe the process of changing the wording of the Constitution via section 128. 4 marks If it becomes apparent that a change to the Constitution is necessary, section 128 states this can only be done via referendum, whereby a direct vote by all Australian citizens of a voting age vote on a yes or no question. Firstly,

Strengths and weaknesses of change by referendum Strengths of altering division of lawmaking powers by referendum Weaknesses Strengths of altering division of lawmaking powers by referendum Double majority provisions ensure that only The low success rate – which can be those proposals that have overwhelming largely attributed to the double majority support are successful provision (very difficult to attain) and timing, complexity of question – 8/44 proposals successful Smaller states are protected from domination by more populated states due to needing support from majority of states (4/6) Must pass through Commonwealth Parliament houses, therefore greatly controlled by the Commonwealth which often proposes increases in their own power The lengthy process means that proposals are considered in full, thereby protecting the constitution from changes without merit Lengthy and costly – 1999 referendum cost 66 million dollars

2. 4 1. )What is a referendum? 2. )From what sources do ideas come for constitutional change? 3. ) Give two reasons why s. 128 was included in the Constitution. 4. ) Outline the process for changing the wording of the Constitution. 5. ) Give one reason why the writers of the Constitution may have inserted the requirement into s. 128 that, after a proposal is supported by parliament, it must be presented to voters between two and six months later.