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Difficulty: MediumChanging the Constitution: Referendums

The Australian Constitution is the supreme law of Australia and provides the legal framework for the government. Because it is the foundation of our laws, it cannot be changed by the Federal Parliament alone. Who has the final authority to approve a proposed change to the Constitution?

  1. The Australian people, by voting in a referendumAnswer
  2. B
    The Prime Minister and the Cabinet, through an executive decision
  3. C
    The High Court of Australia, by ruling that the change is necessary

Answer

The Australian people, by voting in a referendum
The Australian Constitution can only be changed through a referendum, which is a vote by all eligible Australian citizens. This ensures that the supreme law of the country cannot be altered by the government or parliament without the direct consent and majority approval of the people.

Step-by-Step Solution

1
Identify the nature of the Australian Constitution
The Constitution is the supreme law and cannot be changed by ordinary parliamentary processes alone.
It provides the fundamental framework for government, requiring a more rigorous process for any amendments.
2
Determine the required mechanism for change
A referendum must be held.
Section 128 of the Constitution mandates that any change must be put to a vote of the people.
3
Identify who holds the final decision-making power
The Australian voters.
The change only becomes law if it receives a double majority from the voters in a referendum.

Key Concept

Constitutional Amendment through Referendum

Hints

1
Think about a special type of national vote where every citizen has a say.
2
The process is called a referendum.
3
Because the Constitution is the 'supreme law', the final decision belongs to the people, not just the politicians or judges.

Practice More

Review the 'Double Majority' requirement to see exactly what kind of majority is needed for a referendum to be successful.
Estimated Time:45s
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Topics

Changing the Constitution: Referendums

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