In 2028, the Commonwealth Government announces it will hold a referendum to amend the Australian Constitution to recognise local government. The proposal receives public support from several community groups but is opposed by some state governments, which argue it would shift power away from the states. Media coverage highlights that most referenda fail in Australia and compares the proposal to past referenda, including the 1967 referendum and the 1999 referendum.
Assume the proposal is put to voters as a constitutional alteration under s 128 of the Australian Constitution.
b. Using one past referendum as an example, explain how federalism can create a challenge to changing the Australian Constitution.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 3 marks, testing your understanding of Constitutional change challenges. It falls under Topic 1: Governance in Australia in Unit 3: Law, governance and change. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 3, students examine the complexities of the Australian legal system and its capacity to deal with the diversity of competing needs. They explore the role of legal institutions and law-making bodies in creating laws that reflect the views of society. Students consider the range of forces that create catalysts for change and reform, and how laws are changed or reformed to reflect shifting societal demands.
In Topic 1, students consider the processes and roles of government in shaping law in Australia and Queensland. They examine how federal and state or territory legal institutions respond to forces of change and the impact of landmark cases.
challenges of changing the Australian Constitution, using past referenda as examples
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