How can australian constitution be changed

They sought to ensure that the people, through their parliamentary representatives, were free to change their constitution as and when it suited them. When it came to making a constitution for an Australian federation, such flexibility was not possible.

A federal constitution confers different powers at the federal and state level. If the federal parliament had the power to change it by passing ordinary legislation, then all powers and protections of the states could be easily removed, destroying the federal system. The two obvious federal examples to draw on were Canada and the United States. The Constitution of Canada was set out in a British statute of Because it did not contain an internal mechanism to amend the constitution, only the British parliament could amend it.

The framers of the Australian Constitution did not want to go begging to Westminster whenever they wanted to amend their constitution. They wanted control over the constitution to rest in Australian hands. So they rejected the Canadian approach. The other well-known federal example was the United States.

Instead, it requires a constitutional amendment to be initiated and ratified by a combination of special majorities of votes in Congress, the state legislatures or especially established conventions.

The people do not get a direct say. In the s, the referendum became the subject of much study and interest outside its existing use in Switzerland and in parts of the United States at state and local level. One strong and influential supporter of the referendum in the United Kingdom was A. This was surprising, as he is best known for his support of parliamentary sovereignty. But Dicey saw the referendum as both democratic and conservative.

In he said :. Dicey was opposed to Home Rule for Ireland and saw the referendum as a means of allowing the people to veto constitutional change that would otherwise be imposed on the country due to party-political considerations. In words that might well resonate today, he expressed concern that. The Australian Constitution can only be altered by referendum. In a referendum, all Australians of voting age vote yes or no for the proposed changes.

To succeed, a majority of voters nationwide and a majority of States four out of six must approve the changes. Do other countries recognise Indigenous peoples in their constitutions? The Commonwealth of Australia Constitution Act was passed in and came into effect on 1 January The colonies became Australian states and the new Australian Parliament was formed. The Australian Constitution is divided into 8 chapters and sections.

It sets out the basis for Australia's federal system of governance , the key features of which include:. The Constitution does not cover all aspects of the governing of Australia. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution. The Prime Minister and Cabinet operate by custom and tradition, similar to the British system from which they came.

The Constitution does not detail many of the rights of the Australian people. Unlike the Constitution of the United States, Australia's does not include a bill of rights. In Australia these rights are protected by common law made by the courts and statute law written law made by Parliament.

The Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by the Parliament and then be voted on by Australians in a referendum.

A referendum is only passed if it is approved by a majority of voters in a majority of states, and by a majority of voters across the nation. This is known as a double majority.