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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: Referendum
Answer
A referendum is a method through which the Constitution can be amended, requiring a national vote.
The process involves proposing a change to the Constitution and obtaining majority support from both the voters and the states. This means that a 'yes' vote from the majority of Australians and a majority of states is necessary for the amendment to be passed.
In Australia, referendums have been conducted to change various aspects of law-making powers, but historically, they have often faced significant challenges due to misunderstanding among voters about the implications of the changes proposed.
Step 2
Analyse its impact on the division of law-making powers
Answer
The impact of referendums on the division of law-making powers can be minimal if the public does not clearly understand the proposed changes. For instance, many voters have either voted against or failed to participate in referendums due to a lack of clarity, thereby maintaining the status quo.
Additionally, referendums could potentially reduce the power of the States if the Commonwealth is granted more authority under the Constitution. This shift would lead to a greater centralization of law-making powers, affecting the balance of power between state and federal governments. Conversely, successful referendums can enhance state powers if designed to include specific state rights.
Thus, while referendums are a democratic approach to constitutional change, their effectiveness in altering the division of power largely depends on public comprehension and engagement.