What is the Australian Constitution, and how can it change?

What is the Australian Constitution, and how can it change?

The Constitution is Australia's top legal text. It holds the main rules for how the country is governed. Only the Australian people can change it, by voting in a referendum.

Where did it come from?

Before 1901, Australia was six separate, self-governing British colonies. Each had its own constitution and its own laws on defence, immigration, post, trade and transport.

That caused problems. Trade and transport between colonies were slow and costly. Enforcing the law across borders was hard. Defence was weak. People also began to feel Australian, as sports teams played abroad and a local culture grew in songs, poems, stories and art.

So the colonies joined together. This is called Federation.

When did the Constitution start?

In 1900 the British Parliament passed the Constitution inside one of its Acts. It came into force on 1 January 1901, and the colonies turned into a single independent nation, the Commonwealth of Australia, a federation of states.

Two dates are worth keeping: 1900 for the Act, and 1 January 1901 for the start.

What did it set up?

The Constitution created the Parliament of the Commonwealth, with a House of Representatives and a Senate. It also created the High Court of Australia, the highest court for deciding what the laws mean.

It divides power between legislative, executive and judicial parts as well. That is covered in the separation of powers. The Constitution also recognises rights for the states, which you can compare in the three levels of government.

How can it change?

Through a referendum, which is a vote on a change to the Constitution. Voting in a referendum is compulsory for citizens aged 18 or over, and enrolment is needed first. See how voting works.

A simple majority is not enough. The change needs a double majority, which means two tests:

• more than half of the voters in most of the states must vote Yes, and
• more than half of all voters in the country must vote Yes.

The change fails unless both tests are met. That is why the Constitution is hard to change.

An example from history

The booklet's example is the 1967 Referendum. More than 90 per cent of Australians voted Yes, so that the Census could count Aboriginal peoples.

Why a referendum, and not just Parliament?

Because the Constitution holds the basic rules, a change to it affects everyone. Giving the decision to the voters, with the double majority rule, means a change needs wide support across the nation and across the states. Parliament alone cannot rewrite these rules.

How to remember it

Use three questions. What is it? The basic rules of government. When did it start? 1 January 1901. Who changes it? The people, by a referendum with a double majority.

The booklet places this in Part 3. When you feel ready, take the free practice test.

Check yourself

• Can you explain a double majority in your own words?
• What two bodies did the Constitution set up?
• Why did the colonies want to unite?