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9 Cards in this Set

  • Front
  • Back
Statistics: success
Since 1901 there have been 44 proposals for a change to the Constitution put to the people. Only 8 have been accepted.
Timing
The timing of referendums could contribute to their lack of success. Because of the expense of holding a referendum, they are often held at the same time as an election. Voters are likely to be concerned about which party to vote into office, rather than considering the referendum being put to them at the same time. This can take the focus away from the referendum.
Double Majority
The strict requirement of a double majority means it is not an easy task to amend the Constitution in order to reflect the will of the voters. In particular, the requirement for the approval by a majority of electors in a majority of states is difficult to satisfy. While 13 of the 44 referendum proposals have received the support of a majority of Australian voters overall, five of these did not satisfy the majority of voters in a majority of states provision. The 1937 referendum to change the Constitution to empower the Commonwealth Parliament to make laws with respect to air navigation and aircraft and remove the restraints imposed on the Commonwealth Parliament by S92 was defeated. The majority of Australians voted in favour of this proposal (53.6 per cent) but there was a majority of voters who voted ‘yes’ in only two states (Victoria and Queensland) so the proposal was defeated.
Lack of Bipartisan support
The proposed changes most likely to succeed are those that are supported by both major parties (bipartisan support) and which cover issues the voting public can relate to. If the opposition political party is against the proposed changes, the information from both parties can become confusing. A referendum is democracy at work where the people have their say. Both major political parties have been unable to resist the temptation of trying to take political advantage in relation to any proposed changes, without proper consideration of the best outcome for the Constitution and the Australian system of government.
Confusing information
Information is sent to all households outlining the reasons for andagainst the proposed change to the Constitution. Members of political parties discuss the reasons for and against the change in the media. This can lead to the information being very confusing. When there is confusion in this way, voters usually decide to vote against the proposal. Further confusion is caused when more than one issue is raised in the same proposal. Sometimes voters agree with some parts of the proposal but not others. In this instance they have no choice but to vote against the proposal.
Voter Conservatism
Voters tend to be conservative and prefer to accept the Constitution as it is rather than make a change to it that could have unknown adverse effects. A referendum was held in 1999 to see if the Australian people wanted to change the words in the preamble to the Constitution, and whether Australia should become a republic. Both proposals were rejected.People were unsure about what model of a republic was the best for Australia and how this change would affect their lives. It may well be that there has been a growing acceptance of the Constitution over the years, and a suspicion of efforts to alter it.
Opposition in the community
Sometimes there may be general support for a referendum across both major political parties, but there is strong opposition in the community. In 1926, the industry and commerce proposal had strong support in parliament from both political parties but was defeated. There was strong and very vocal community opposition to this proposal. In 1988, the referendum relating to rights and freedoms was defeated. The extension of religious freedom contained in this proposal was strongly opposed by many church representatives and by independent schools, both fearful of the future of state aid to church and independent schools.
Erosion of states' rights
The Constitution is the basis of the federal system and voters in the states may see any changes as not in their interests. Premiers have warned voters of the need to protect states’ rights from the movement of law-making power to the Commonwealth. All 17 attempts to increase Commonwealth economic power have been rejected by the voters
High Cost of holding a referendum
The cost of holding a referendum is high and an alternative way of achieving the same result may be used instead of holding a referendum. The 1999 referendum (changing the preamble to the Constitution and whether Australia should become a republic) cost around $66 million.