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Pros And Cons Of The Australian Constitution

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The Australian constitution is a set of rules by which the country is governed, which came into effect on the 1st of January, 1901. The document describes the structure, roles and powers of the Federal Parliament, defining ways in which the State and Federal Parliaments share law-making powers. The roles of the Executive Government and the High Court are also included in the document, and additionally rights of Australian citizens (Parliamentary Education, 2015). Many believe that through the constitution, an economically stable, culturally diverse and democratic nation has been achieved. However, according to some, there are many aspects of the constitution which should be reformed in order to create a document more in tune with modern society …show more content…

Currently, the Commonwealth constitution does not recognise Aboriginal or Torres Strait Islanders as custodians of the land, nor honour their unique culture and history prior to English settlement (Korff, 2015). For some Aboriginals and Torres Strait Islanders, this is said to have had negative impacts on their sense of identity and belonging within a community. This has led to much controversy; some believing Australian constitution reveals unchanged racism and discrimination towards the Indigenous. High Court Justice Michael Kirby is among these, stating “Constitutionally speaking we are still basically White Australia, however much we boast that we have changed” (Korff, 2015). In a recent survey, 90% of responders supported Indigenous recognition. With the acknowledgement of Aboriginal and Torres Strait Islanders in the Commonwealth constitution, Australia may not be perceived as a country racist towards the indigenous in regard to the constitution, and indigenous families and may feel a greater sense of acceptance and belonging within their community and …show more content…

By introducing a Bill of Rights, the principal of Parliamentary Sovereignty may be overlooked, which would reveal lack of confidence in our legislature, and place limitations on law making (Law and Justice Foundation, 2013 ). Additionally, many believe that human rights are adequately covered by statute and case law, which are preferable as they can be attuned to accommodate circumstantial changes within society over time (Bailey, 2006).

The Commonwealth constitution can currently be amended through referendum, a vote by which eligible voters approve or reject a proposal to alter the wording of sections in the Australian constitution. In the consultation stage, the public form proposals for the rewording of the section. Once devised, the referendum bill must pass through both houses of the Commonwealth parliament, or wait for a three month period if one house still denies passage before being automatically passed. Upon enablement of the Bill by the Governor General, members of the public vote to decide whether or not the amendment should take place. However, referendum is generally unsuccessful, with only eight of forty four amendments meeting the required democratic, federal and special criterion. The referendum process provides opportunity for every eligible Australian citizen to decide the types of constitutional

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