Describe the process of amending the Australian constitution.
Amending the Australian constitution is a complex and lengthy process that requires the approval of both the federal government and the state governments. The process can be described in the following steps:
1. Proposal: The first step is to propose an amendment to the constitution. This can be done in two ways:
a. Parliamentary proposal: A proposed amendment must be introduced as a bill in either the House of Representatives or the Senate. It can be initiated by any member of the federal parliament.
b. Referendum proposal: The federal government can also propose an amendment by initiating a referendum. This typically occurs when the government believes that a constitutional change requires the direct approval of the people.
2. Passage through Parliament: If the proposed amendment is introduced as a bill, it must go through the normal legislative process. This includes being debated, amended, and voted on in both houses of parliament. A bill to amend the constitution must be passed by an absolute majority of members (over 50%) in both houses.
3. Referendum: If the proposed amendment is initiated as a referendum, it must be approved by both houses of parliament to be put to the people. The referendum takes the form of a nationwide vote, in which citizens are asked to answer a specific question regarding the proposed amendment. For an amendment to be successful, it must achieve a "double majority":
a. People's vote: The majority of citizens across Australia must vote in favor of the amendment. This means that it must receive more "yes" votes than "no" votes.
b. State's vote: In addition to the popular vote, a proposed amendment must also be approved by a majority of voters in a majority of the six states. This means that at least four out of the six states must vote in favor of the amendment.
4. Approval by Parliament: If a proposed amendment is approved by both the people and the states, it must then be presented to the federal parliament. The parliament must pass a bill to enact the amendment, which requires an absolute majority in both houses.
5. Royal Assent: After the bill is passed by the federal parliament, it is presented to the Governor-General for royal assent. The Governor-General may either grant royal assent or withhold it, although the latter has never occurred in relation to a constitutional amendment.
6. Legal Ratification: Once royal assent is granted, the amendment becomes law and is added to the Australian constitution. In some cases, the constitutional amendment may specify a particular date on which it comes into effect, while in other cases, it takes effect immediately upon royal assent.
It is worth noting that amending the Australian constitution is a difficult process, as it requires broad support from various levels of government and the citizens via a referendum. As a result, only eight of the 44 proposed amendments have been successful since the constitution came into effect in 1901.