Australian Referendums & Constitutional Change

• A referendum in Australia, as per Section 128 of the Constitution, is how the Constitution is altered.
• An amendment must pass by an absolute majority in both houses of Parliament before a national vote is put to the Australian people.
• A successful referendum requires a double majority: a majority of votes nationwide, and a majority in at least four of the six states.
• This double majority ensures smaller states have a say and prevents large population centers from determining outcomes alone.
• The referendum process is rigorous, making constitutional change difficult.
• Out of 44 referendums since 1901, only 8 have been successful.
• The 1967 referendum allowed the federal government to make laws for Aboriginal Australians and include them in the census.
• The 1946 referendum expanded federal powers over social services.
• The government distributes an official pamphlet outlining arguments for and against the proposal before a referendum.
• Political parties, advocacy groups, and individuals run campaigns to inform and persuade voters.
• A successful referendum results in a mandatory change to the Constitution, unlike a non-binding plebiscite.
• Some argue the difficulty of passing referendums makes the process too rigid, preventing necessary updates to the Constitution.
• Referendums ensure constitutional changes reflect the will of the people, remaining a fundamental part of Australia’s democratic framework.

High Court's Influence on Change in Australia

• The High Court of Australia interprets and applies the Constitution and laws, playing a crucial role in shaping change.
• As the highest court, its decisions set legal precedents that influence government policy, individual rights, and the balance of power between the Commonwealth and the states.
• The High Court drives change through judicial review, determining the constitutionality of laws passed by Parliament.
• Laws found unconstitutional are struck down, requiring governments to adjust legislation or seek constitutional amendments.
• In the Engineers' Case (1920), the Court expanded the Commonwealth’s legislative reach, redefining the balance of power.
• In the Tasmanian Dam Case (1983), the Court upheld the federal government’s ability to use international treaties to protect the environment, setting a precedent for broader federal intervention.
• The Mabo decision (1992) overturned terra nullius and recognized native title, leading to significant changes in Indigenous land rights.
• The High Court's rulings shape how laws are understood and applied, often prompting legislative or policy reforms.
• The High Court ensures laws align with constitutional principles and fundamental rights.
• The High Court remains a powerful institution in Australia’s legal and democratic landscape, driving long-term legal and societal evolution.

Constitution Sections 44 and 109

• The Australian Constitution outlines the structure and powers of the government.
• Section 44 outlines disqualifications for individuals seeking to sit in Parliament.
• Section 44 prevents candidates from being elected if they hold foreign citizenship (s44(i)).
• Section 44 prevents candidates from being elected if they have been convicted of certain criminal offenses (s44(ii)).
• Section 44 prevents candidates from being elected if they are bankrupt (s44(iii)).
• Section 44 prevents candidates from being elected if they hold an office of profit under the Crown (s44(iv)).
• Section 44 prevents candidates from being elected if they have a financial interest in a government contract (s44(v)).
• The 2017–2018 dual citizenship crisis saw several Members of Parliament disqualified for unknowingly holding foreign citizenship under s44.
• Strict interpretation of s44 has led to calls for reform, as critics argue it is outdated in a multicultural Australia.
• Section 109 deals with conflicts between state and federal laws,
• Section 109 states that Commonwealth law prevails to the extent of the inconsistency between state and federal laws.
• Section 109 ensures uniformity in national legislation and prevents states from enforcing laws contradicting federal statutes.
• In the Tasmanian Dam Case (1983), federal environmental laws overrode Tasmania’s state legislation due to s109, preventing dam construction.
• Section 44 controls who can participate in Parliament.
• Section 109 ensures federal authority remains supreme in legal disputes.
• Sections 44 and 109 regulate governance and maintaining legal consistency across Australia.