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Explain The Process Of Australian Constitution

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The Australian constitution is what’s known as a set of rules in which Australia is run. The Australian constitution came into effect on the 1st of January in 1901, which was brought in by the Commonwealth of Australia. It has shaped the Australian society is now. It describes the composition, roles and powers of the federal Parliament. It states the role of the executive government, the high court and it also defines certain rights of the Australian citizens, this includes the right to religious freedom. The Australian constitution was written to make Australia a country and how the laws are written. The constitution was written on how the country is run. There are guidelines on the way the parliament and legislative branch works. The Australian constitution …show more content…

State Parliaments are allowed to refer a matter to the Federal Parliament, they can ask to make a law about a certain issue that is a state responsibility. In most areas the Constitution stops the state parliament from making laws such as defence and communication laws. This means the Federal Parliament has more power over the state to make laws. A referendum is a vote that the Australian people on measures or passed by the Australian Parliament. A referendum must be help no sooner than two and no later than six months after. There are 5 main stages to do this before it goes through, A Bill is passed by Parliament, Case committees are formed, A writ is issued, Information if provided to voters and finally, Australians vote.

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There are many rights in the constitution, this includes The right to vote states that anyone how has or acquires a

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On 27 May 1967 a Federal referendum was held. The 1967 referendum did not give Aboriginal and Torres Strait Islander peoples the right to vote. That right had been legislated for Commonwealth elections in 1962, with the last State to provide Indigenous enfranchisement being Queensland in 1965. Aboriginals and Torres Strait Islanders have had multiple campaigns to try and uphold the same rights as white people. The 1967 referendum was a public vote to determine the public 's opinions of two aspects of the Australian constitution (a written statement which outlines the country 's rules and regulations) that related directly to Indigenous Australians.

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Once it has been approved, the population will need to vote on the decision. There is a dual criteria in the voting system, being the democratic criterion and the federal criterion. The democratic criterion is that 50% + 1 of the Australian population needs to vote for the referendum. The second part of the vote is the federal criterion. This is difficult to manage as 4 out of the 6 states need to approve the new law.

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A referendum is a vote by citizens over the age of 18, just like voting in an election. However, instead of voting on politicians like in an election, in a referendum people vote on a specific change to the Constitution. In a 1967 referendum, over 90% of Australian voters voted to change the Constitution to give the federal parliament the power to make laws in relation to Aboriginal people and to allow them to be included in the census. However, this referendum still did not recognize Aboriginal people as the first people of Australia. Even though now the Aboriginal people are mentioned in the Constitution, as former High Court Justice Michael Kirby said, " Constitutionally speaking we are still basically White Australia, however much we boast that we have changed.

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The US differs in that its constitution contains a Bill of Rights which is a systematic enumeration of many rights rather than miscellaneous which has amendments. The US first 10 amendments involve the protection of freedoms (speech, press, and religion), Australia is the only democratic country without a national bill of rights. The Bill of Rights is to give the same rights to every individual and to lessen the power of governments to impose their bias, prejudices and even morals within our laws. It would create better accountability to ensure fairness for all individuals. The framers of Australia's Constitution, working in the 1890s, debated the adoption of a Bill of Rights along the lines of that in the United States.

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