In Australia, methods and processes exist to enable a change to the division of law-making powers between the State and Commonwealth Parliaments - VCE - SSCE Legal Studies - Question 10 - 2011 - Paper 1
Question 10
In Australia, methods and processes exist to enable a change to the division of law-making powers between the State and Commonwealth Parliaments.
Identify one method... show full transcript
Worked Solution & Example Answer:In Australia, methods and processes exist to enable a change to the division of law-making powers between the State and Commonwealth Parliaments - VCE - SSCE Legal Studies - Question 10 - 2011 - Paper 1
Step 1
Identify one method of changing constitutional power
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Answer
One method of changing constitutional power is through a referendum. This process allows the Australian electorate to vote on proposed changes to the Constitution.
Step 2
Analyse its impact on the division of law-making powers
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Answer
The impact of the referendum process on the division of law-making powers has been quite limited. Historically, referendums in Australia have had very low success rates, which can be attributed to several factors:
Voter Understanding: Many voters may not fully comprehend the process or the implications of the changes proposed, resulting in confusion during voting.
Majority Requirement: The referendum requires a 'yes' vote from both the majority of voters nationally and the majority of states, which can be challenging to achieve.
Political Influence: Voters tend to align their choices with the political parties they trust, rather than making independent decisions based solely on the referendum's merits.
Historical Context: The history of unsuccessful referendums suggests that there is often resistance from voters to support changes, as seen in the 1967 referendum, which sought to include Indigenous Australians in the Census but still faced significant hurdles.
Thus, while the referendum process is a legitimate method for changing the Constitution, its historical ineffectiveness demonstrates its limited impact on altering the balance of law-making powers between State and Commonwealth Parliaments.