Question

Difficulty: MediumChanging the Constitution: Referendums

The Australian Constitution provides the legal framework for the country's government and can only be updated through a specific process. If the Federal Parliament proposes an amendment to the Constitution, which of the following must occur for the change to be legally successful?

  1. The Australian people must vote in a referendum, and the change must be supported by most voters across the country as well as most voters in most states.Answer
  2. B
    The Federal Parliament must pass the change with a two-thirds majority in both houses, followed by the final approval of the Governor-General.
  3. C
    A public vote must be held where the total number of 'yes' votes from all Australians exceeds 50%, with no requirement for results in individual states.

Answer

The proposed change must be approved by the Australian people in a referendum, meeting the requirement of most voters nationally and most voters in a majority of states.
Constitutional change in Australia requires a referendum that satisfies the 'double majority' rule. This means the change must be approved by more than half of the total voters across Australia, and also by more than half of the voters in at least four of the six states.

Step-by-Step Solution

1
Identify the unique requirement for constitutional change.
Standard laws are changed by Parliament, but the Constitution requires a 'referendum'—a vote by the people.
The Constitution is the supreme law and belongs to the people, not just the government.
2
Determine the legal threshold for a successful referendum.
The proposal must achieve a 'double majority'.
This ensures both the national population and the individual states agree to the change.
3
Define the components of a double majority.
A majority (more than 50%) of all voters nationwide AND a majority of voters in at least 4 out of 6 states.
This is the specific rule set out in Section 128 of the Australian Constitution.

Key Concept

The Referendum Process and the Double Majority Rule

Hints

1
Think about whether the government can change the supreme law of the land on its own, or if the people must be involved.
2
The process is called a 'referendum' and it has two different 'majority' requirements that must be met at the same time.
3
To pass, a change needs a 'double majority': more than half of the national voters AND more than half of the voters in at least four states.

Practice More

Review the history of Australian referendums to see how many have successfully met the double majority requirement compared to those that only achieved a national majority.
Estimated Time:1m 15s
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