Ruqayyah Snyder
The Australian Constitution is a legal document that establishes key government institutions and outlines how Australia is governed. Amending the Constitution is intentionally challenging, requiring a rigid or entrenched constitution to prevent changes based on temporary crises or political whims. Constitutional amendments must be approved by an absolute majority in each parliamentary house or pass twice by an absolute majority in one house, with a three-month interval. This process ensures federal government control over referendum initiation. Additionally, a successful referendum requires a double majority, with over 50% approval from voters in at least four of the six states and a national majority. Since 1901, Australia has held 44 referendums, resulting in only eight constitutional changes, the last in 1977. The upcoming 2023 referendum will address recognizing the First Peoples of Australia and establishing an Aboriginal and Torres Strait Islander Voice. Other proposed changes include adopting a statutory national Bill of Rights to address human rights issues, such as inadequate healthcare, education, and living conditions, especially for vulnerable groups. These potential amendments highlight the ongoing efforts to adapt and reform Australia's foundational document to reflect contemporary societal needs and values.
| Characteristics | Values |
|---|---|
| Recognition of First Peoples of Australia | Aboriginal and Torres Strait Islander Voice |
| Difficulty of changing the Constitution | Rigid and entrenched |
| Human rights protections | Right to free speech, right to legal representation, right to adequate child care, right to education, right to an adequate standard of living |
| Symbolic value of changing the Constitution | Recognition of First Peoples, encouragement of human rights protections |
| Number of referendums held since 1901 | 44 |
| Number of changes to the Constitution agreed to by Australians | 8 |
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What You'll Learn
- To formally recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia
- To improve human rights protections for vulnerable groups
- To increase flexibility and allow for easier evolution with society
- To establish an Aboriginal and Torres Strait Islander Voice in Parliament
- To ensure better health outcomes for Indigenous Australians
To formally recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia
The Australian Constitution is a legal document that establishes the key institutions of government and sets out how Australia is governed. While it enables Parliament to make laws, the Constitution can only be changed through a referendum, i.e., a vote of the people.
One of the reasons why the Australian Constitution should be changed is to formally recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia. Aboriginal and Torres Strait Islander peoples are the first peoples of Australia, having lived on the continent for thousands of years before colonisation. They have strong connections to their culture, language, and traditional lands, and contribute significantly to the country's environmental management, economic development, and cultural identity.
Despite this, the Constitution has been criticised for perpetuating the myth that the First Nations occupation of these lands before colonisation was insignificant and that their existence had no bearing on the formulation of the Commonwealth. There is a long history of First Nations people advocating for their right to representation and participation in decisions that affect them, and they have demonstrated remarkable resilience in the face of state-sanctioned injustices since colonisation.
Changing the Constitution to formally recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia would be more than symbolic. It would provide an opportunity for substantive reform and help address the injustices of colonialism, past and present. It would also ensure that the Voice of the First Peoples cannot be abolished by the government without another referendum, which is not the case if the Voice is established only through legislation.
The Australian Electoral Commission will hold a referendum in late 2023, asking Australians whether they support changing the Constitution to include a recognition of the First Peoples of Australia and establishing an Aboriginal and Torres Strait Islander Voice to Parliament.
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To improve human rights protections for vulnerable groups
Australia does not have a national Human Rights Act, which means that many core human rights and freedoms may not be adequately protected and promoted at a federal level. There is an inconsistent level of protection across Australian states and territories, with some states having their own Human Rights Act, such as Queensland and Victoria, and others not having any. This gap in protection is particularly concerning for vulnerable groups, such as:
- Young people navigating the youth justice system
- Vulnerable individuals and families relying daily on public housing, disability services or social security
- Aboriginal and Torres Strait Islander communities seeking to uphold their cultural rights
- Children and young people with disabilities
- Children and young people experiencing socio-economic disadvantage
- Children and young people who experience homelessness
- Lesbian, gay, bisexual, trans and intersex young people
The Australian Constitution, being a legal document that establishes the key institutions of government and sets out how Australia is governed, can only be changed through a vote of the people – a referendum. To become law, the proposed change to the Constitution must be approved by a ‘double majority’ of electors voting for the changes. This means a national majority of voters (more than 50%) from all states and territories, as well as a majority of voters (more than 50%) in a majority of states (at least four of the six states).
A referendum will be held in late 2023 to ask Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. This provides an opportunity to formally recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia, through substantive reform to the Constitution.
A statutory Bill of Rights could be another way to improve human rights protections for vulnerable groups. While a Constitutional Bill of Rights would be difficult to reform, a statutory Bill of Rights could be changed by the Commonwealth Parliament, allowing it to more easily evolve with society and remain relevant. This would allow the protections that are enumerated to adapt and more consistently reflect the view of contemporary society.
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To increase flexibility and allow for easier evolution with society
The Australian Constitution is a legal document that establishes key institutions of government and sets out how Australia is governed. It was designed to be difficult to change, requiring a "double majority" of electors to pass an amendment. This means that a national majority of voters (more than 50%) from all states and territories, as well as a majority of voters (more than 50%) in a majority of states (at least four out of six), must approve the change. This process ensures that the Constitution cannot be changed on a whim or in response to temporary crises or fluctuations in public opinion.
However, one argument for changing the Australian Constitution is to increase its flexibility and allow it to evolve more easily with society. A rigid constitution may hinder the country's ability to adapt to societal changes and address contemporary issues. For example, a statutory Bill of Rights could be adapted to reflect the views of contemporary society and protect the rights of all individuals, including those in minority groups. This would be in contrast to a Constitutional Bill of Rights, which would be more challenging to amend and may not be able to keep pace with societal evolution.
Additionally, the Australian Constitution's current lack of recognition of the First Peoples of Australia, the Aboriginal and Torres Strait Islander peoples, is a significant issue that has been addressed in recent referendums. A change to the Constitution to formally recognise these groups would not only have symbolic value but also help address the poorer health outcomes, living conditions, and human rights challenges faced by Indigenous Australians.
Furthermore, the process of proposing and campaigning for constitutional change can be a positive force for societal evolution. It encourages the development of strong and clear arguments for reform, the cultivation of widespread public support, and vigorous and honest debate. This process can help educate Australians about important societal issues and encourage critical reflection on human rights principles.
In conclusion, while the Australian Constitution's inherent rigidity was designed to prevent impulsive or politically expedient changes, there are valid arguments for increasing its flexibility. By allowing for easier evolution with society, the Constitution can better address contemporary issues, protect the rights of all individuals, and formally recognise the First Peoples of Australia.
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To establish an Aboriginal and Torres Strait Islander Voice in Parliament
The Australian Constitution is a legal document that establishes key institutions of government and outlines how the country is governed. Notably, the Constitution cannot be changed by the Parliament of the day; it can only be altered through a referendum, where a majority of voters across the nation and a majority of voters in a majority of states (at least four out of six states) must approve the proposed changes.
On October 14, 2023, Australians voted in a referendum on whether to amend the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice in Parliament. This proposal was put forward in the Uluru Statement from the Heart, presented to the nation in 2017 by delegates to the First Nations National Constitutional Convention. The referendum did not pass.
The inclusion of an Aboriginal and Torres Strait Islander Voice in the Constitution would have provided a route for Indigenous communities to inform policy and legal decisions directly impacting their lives. This Voice would have been chosen by Aboriginal and Torres Strait Islander people, with a gender-balanced composition, and would have included youth representation. The Voice could have made representations to Parliament and the Executive Government on matters concerning Indigenous peoples, with the power to advise on and shape legislation.
Establishing an Indigenous Voice in Parliament is significant because it has been called for by Aboriginal and Torres Strait Islander peoples and bodies for close to a century. The National Aboriginal Consultative Committee (NACC), established in 1973, was one such body with an advisory function. However, conflicts over its role, funding, and control led to its dissolution. The Aboriginal and Torres Strait Islander Commission (ATSIC), established in 1990, faced similar challenges and was ultimately abolished in 2005.
The push for an Indigenous Voice in Parliament aims to address the historical lack of representation and recognition of First Nations peoples in Australia's governance. By enshrining the Voice in the Constitution, it would be protected from disbandment by future governments, unlike previous Indigenous representative bodies. This change would also carry profound symbolic value, formally acknowledging the unique place of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
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To ensure better health outcomes for Indigenous Australians
The Australian Constitution is a legal document that establishes the key institutions of government and sets out how Australia is governed. It cannot be changed by the Parliament of the day; instead, it can only be altered through a referendum, where a majority of voters approve the proposed change.
One of the reasons why the Australian Constitution should be changed is to ensure better health outcomes for Indigenous Australians. Currently, Indigenous Australians experience poorer health than non-Indigenous populations, with lower life expectancies and higher rates of mental health issues. This is due in part to the historical trauma and ongoing discrimination resulting from colonial history, as well as the lack of recognition of Aboriginal and Torres Strait Islander peoples as the traditional owners of the land.
To address these disparities, constitutional reform is needed to support the mental health and human rights of Indigenous Australians. The Royal Australian and New Zealand College of Psychiatrists (RANZCP) calls for the establishment of an advisory body to guarantee an Indigenous voice in political decision-making. This would ensure that the views of Aboriginal and Torres Strait Islander peoples are central to the process of reconciliation and policy development.
Additionally, constitutional reform could address the issue of cultural safety in healthcare environments. Interpreters for Indigenous languages are often not provided in hospitals, hindering communication between health practitioners and Indigenous patients. The exclusion of Indigenous cultural meanings and perspectives in health practices is a form of institutional racism, negatively impacting the health outcomes of Indigenous Australians.
By changing the Australian Constitution to include a recognition of the First Peoples of Australia, the government would take a significant step towards forging a shared national identity that values and respects the contributions of Indigenous communities. This symbolic change would have profound implications for policy development and could pave the way for more effective initiatives to improve the health and wellbeing of Aboriginal and Torres Strait Islander peoples.
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Frequently asked questions
The Australian Constitution is a legal document that establishes the key institutions of government and sets out how Australia is governed. The authors of the Constitution ensured that the country's guiding document could never be changed on a whim or for political expediency. Changing the Australian Constitution was meant to be difficult, but not absolutely impossible.
Ideas for changes to the Constitution can be put forward by members of parliament, interest groups or individuals. If the idea gains support in the Australian community, a movement towards a referendum may begin. A referendum is a vote by Australians to decide if they will support or reject a bill to change the Australian Constitution. If the bill is passed by the Parliament, the proposal must then be presented to the Australian people for approval in a referendum.
Changing the Australian Constitution holds profound symbolic value. It would also mean that the Voice could not be abolished by the government without holding another referendum to ask whether this is what the Australian people want.
The Australian Electoral Commission (AEC) will hold a referendum in late 2023. The referendum will ask Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. The Australian Bill of Rights Bill 2017, which was not ultimately enacted, specifically included, for example, the right to adequate child care, the right to education, and the right to an adequate standard of living.
