In 2030, the Commonwealth Parliament passes a proposed constitutional alteration to entrench a constitutional right to privacy, arguing it is needed to respond to rapid growth in facial-recognition technology and data collection. Several state premiers campaign against the proposal, claiming it would expand High Court power and reduce state control over policing and surveillance laws. Some media outlets also run a “don’t know, vote no” campaign, highlighting uncertainty about how the right would be interpreted.
Using s 128 and at least two past Australian referenda as examples, analyse the key challenges that are likely to make this proposal difficult to pass and explain how those challenges have affected referendum outcomes in Australia.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 5 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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