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Zorluk: ZorChanging the Constitution: Referendums

A proposal is made to amend the Australian Constitution in a way that would diminish the proportionate representation of Western Australia in the Federal Parliament. In the subsequent referendum, the proposal receives a 'Yes' vote from 58%58\% of all Australians and wins a majority in every state except Western Australia. What is the status of this proposed amendment?

  1. It fails because any amendment affecting a state's representation in Parliament requires a majority of voters in that specific state to agree.Cevap
  2. B
    It passes because it successfully met the 'double majority' requirement by winning a national majority and a majority in at least four states.
  3. C
    It passes because the national majority of 58%58\% is high enough to override the objection of a single state under the 'Section 128' deadlock provisions.

Cevap

The amendment fails because changes affecting a specific state's representation in the Federal Parliament require the approval of a majority of voters in that specific state, regardless of the national result.
The correct answer is that the amendment fails. Under Section 128 of the Australian Constitution, any amendment that diminishes the proportionate representation of any state in either House of Parliament, or changes the limits of a state, requires not only a national majority and a majority of states but also the approval of a majority of voters in the state affected by the change.

Adım Adım Çözüm

1
Analyze the nature of the proposed amendment.
The amendment specifically targets the representation of Western Australia.
The Australian Constitution has different requirements depending on whether a change affects the whole nation or a specific state's rights.
2
Evaluate the 'double majority' requirement.
The proposal achieved a national majority (58%58\%) and a majority in 5 out of 6 states.
This meets the standard criteria for most constitutional changes.
3
Apply the specific exception found in the final paragraph of Section 128.
Because Western Australia voters rejected the change, the amendment cannot proceed.
The Constitution protects states from having their representation reduced without the consent of their own voters.

Anahtar Kavram

The Specific State Consent Requirement in Referendums

İpuçları

1
Recall if there are any special rules when an amendment only impacts one specific state.
2
Check Section 128. While a 'double majority' is usually enough, does the Constitution protect a state's representation from being changed against its will?
3
Even if 5 states and the whole country say 'Yes', if the change takes away a specific state's seats in Parliament, that specific state must also say 'Yes'.

Daha Fazla Pratik

Research the 1906 and 1977 referendums to see how territory voters were integrated into the process.
Tahmini Süre:2m 0s
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Changing the Constitution: Referendums

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