U4AOS2Topic 10: Reasons for constitutional reform
Key Knowledge Dot Point:
- Reasons for Constitutional Reform
Reasons for Constitutional Reform:
- Recognition of First Nations people --- There is currently no mention of First Nations' people anywhere in the Constitution, nor is there any recognition of them as the original owners of the land. As such, there has been an increase in the calls for changes to be made in the Constitution such that First Nations' people are recognised (such as the unsuccessful 2023 referendum), or for them to be recognised in the preamble.
- Reforming Australia's political system --- There have been calls from some people to reform Australia's political system, such as by making Australia a republic, changing the timing of federal allocations, or allowing more people to become members of the Commonwealth Parliament. In 1999, there was a referendum to make Australia a republic but it did not succeed.
- Change to the Commonwealth's law making powers --- if there is a need or desire for the law-making power of the Commonwealth Parliament to change, this can be achieved through constitutional reform. A new situation may arise in which it is best for the Commonwealth Parliament to legislate; this will need to be added to the Commonwealth's specific powers (for example, the addition of the social services power in 1946).
- The changing nature of society --- the values and attitudes of Australian society have changed since Federation and are more diverse. Consequently, the Constitution may need to be changed. For example, if the majority of Australian voters support Australia becoming a republic, a referendum to change Australia's head of state may be required.
(All reasons listed above are derived from what is found in the 2024 Legal Studies External Assessment report published by VCAA)
Note:
- These reasons above have been EXPLICITLY mentioned by VCAA themselves. This means that they definitively approve it. Use these.
- Also, this dot point has little scope in terms of the potential types of questions you can get asked in a SAC or exam. Specifically, the key skills for this corresponding dot point state: "explain the reasons for law reform and constitutional reform, using examples".
- MAKE SURE TO LEARN YOUR EXAMPLES! The key skills section states that you may be tested on that!