Explain the process of amending the Australian Constitution. Give details of events leading up to the 1999 referendum and explain its outcome. Outline some of the other issues Australia faces with constitutional reform.
Amending the Australian Constitution is a complex process that involves both the federal government and the Australian people. Below is an explanation of the steps involved:
1. Proposal: The first step to amend the Australian Constitution is the proposal of the change. The proposal can come from either the federal parliament, where a bill is introduced, or from a request by a majority of the states (at least four out of six) to the federal parliament.
2. Approval: Once a proposal is made, it requires the approval of both houses of the federal parliament. A proposed amendment must receive an absolute majority (more than 50% of the votes) in each house of the federal parliament to proceed.
3. Public Support: After the approval of both houses, the proposed amendment is put to the Australian people. A referendum is held, allowing voters to either accept or reject the proposed amendment. For the amendment to pass, it must receive a majority of votes across the country, as well as a majority in a majority of states (four out of six).
Now let's discuss the events leading up to the 1999 referendum and its outcome:
In the late 1990s, the Australian government, led by Prime Minister John Howard, proposed a series of changes to the Constitution. These changes aimed to establish a republic, which would replace the British monarch as the head of state with an Australian citizen.
The 1999 referendum asked Australians two questions. The first question sought to establish a republic, and the second question aimed to amend the Constitution to provide a framework for electing the president.
However, the referendum was defeated, with around 55% of voters rejecting the proposed changes. The reasons for its failure were multifaceted. One factor was the lack of consensus on the model of a republic. Divisions emerged between those who desired a directly-elected president and those who preferred a president to be appointed by parliament. Another factor was the prominence of Prime Minister John Howard, who was a strong supporter of retaining the monarchy, and his influence had an impact on the outcome.
Constitutional reform in Australia continues to be an ongoing issue, with several other significant issues at the forefront:
1. Indigenous Recognition: One key issue is the recognition of Aboriginal and Torres Strait Islander peoples in the Constitution. There have been calls for specific recognition, an advisory body, or a treaty.
2. Senate Reform: There has been discussion around potential changes to the Senate, such as altering the voting system or reforming the Senate's power to block legislation.
3. Bill of Rights: Australia currently does not have a national Bill of Rights, and there have been calls for the inclusion of explicit rights and freedoms in the Constitution.
4. Federalism: Revisiting the division of powers between the federal government and the states is another area of potential constitutional reform.
These issues reflect ongoing debates and discussions about the need for constitutional change in Australia, aimed at ensuring the Constitution remains relevant and responsive to the needs of the country and its people.