The Constitution establishes how Australia is governed as a country. It outlines three main powers: the Legislature which makes laws, the Executive which implements policy, and the Judiciary which interprets laws. These separate powers provide checks and balances. A referendum is required to change the Constitution, which must pass a double majority vote of both the overall population and four states. Few referendums succeed due to this high threshold. One example of a potential change is to protect freedom of speech through an amendment, as it is currently not explicitly protected but recognized by the High Court.
The Constitution establishes how Australia is governed as a country. It outlines three main powers: the Legislature which makes laws, the Executive which implements policy, and the Judiciary which interprets laws. These separate powers provide checks and balances. A referendum is required to change the Constitution, which must pass a double majority vote of both the overall population and four states. Few referendums succeed due to this high threshold. One example of a potential change is to protect freedom of speech through an amendment, as it is currently not explicitly protected but recognized by the High Court.
The Constitution establishes how Australia is governed as a country. It outlines three main powers: the Legislature which makes laws, the Executive which implements policy, and the Judiciary which interprets laws. These separate powers provide checks and balances. A referendum is required to change the Constitution, which must pass a double majority vote of both the overall population and four states. Few referendums succeed due to this high threshold. One example of a potential change is to protect freedom of speech through an amendment, as it is currently not explicitly protected but recognized by the High Court.
The Constitution is a formal document that shows how Australia is run as a
country and in order to change it, a national vote must be held, called a referendum. The Constitution is structured with eight chapters, which describe how Australia must be run, what laws can be passed, how the Constitution can be changed, and so on (W1). There are three main powers that the Constitution is structured around: the Legislature, Executive, and Judiciary (W6). The Legislature handles making the laws of the country and supplying the necessary funds to run the government. The Judiciary is in charge of using the Constitution and other laws to interpret cases that are brought before them. (W6). The Executive manages the application of public policy, which is funded by the legislative branch (W6). In other words, the Legislature consists of the Parliament, the Executive is made up of the King, Prime Minister, and Ministers, and the Judiciary is made up of the High Court and other federal courts (W7). These three separate powers exist so that they can do checks and balances on each other, and so one doesn’t become too powerful. Additionally, a referendum is when Australia has a national vote on whether something should be changed in the Constitution. It can be changed to meet the country’s needs and to reflect the changing times. The change first has to be put through the parliament, where it is approved as a bill so that it can be voted upon. For the referendum to be successful, a double majority has to occur. This is when the majority of people vote ‘yes’ on their ballot paper across the country, as well as the majority of people in at least four states (W1). Consequently, only a few referendums have been successful since a double majority is so difficult to achieve. One example of how the Constitution might be changed is by responding to the issue of freedom of speech. Currently, freedom of speech is not specifically protected by the Australian Constitution. However, the High Court has held that this right does exist as part of the features of a representative and responsible government (W8). Nevertheless, some people argue that this legal definition is not sufficient enough to protect such an important right and that an amendment to the Constitution, through a referendum, is needed (W5).