Civics & Citizenship · Year 8 · The Machinery of Democracy · Term 1

Amending the Constitution: Referendums

Students will investigate the process of constitutional change through referendums and historical examples.

• ACARA Content Descriptions
• AC9C8K01

About This Topic

Amending the Australian Constitution is a rigorous process designed to ensure stability and broad consensus. The primary mechanism for change is a national referendum, requiring a proposed law to be passed by a majority of voters nationwide, and by a majority of voters in at least four of the six states. This 'double majority' requirement is a cornerstone of the process, reflecting Australia's federal structure and the need for significant support across different states. Students will explore the historical context of this requirement, understanding its origins in the federation debates and its intended purpose of protecting state interests.

Examining past referendums, such as the 1916 and 1917 conscription referendums or the 1977 referendum on Senate casual vacancies, provides concrete examples of how this amendment process functions in practice. These case studies highlight the challenges involved in achieving the necessary consensus and the significant public debate that often accompanies proposed changes. Understanding these historical instances helps students appreciate the difficulty of altering the foundational legal document of the nation and the democratic principles at play.

Active learning is particularly beneficial for this topic as it allows students to grapple with the complexities of the double majority and the persuasive arguments used in referendum campaigns. Engaging in mock referendums or debates helps students internalize the democratic principles and challenges associated with constitutional change.

Key Questions

1. Analyze the challenges of amending the Australian Constitution through a referendum.
2. Evaluate the democratic legitimacy of requiring a double majority for constitutional change.
3. Compare the process of constitutional amendment in Australia with other democracies.

Watch Out for These Misconceptions

Common Misconception

A simple majority of votes is enough to change the Constitution.

What to Teach Instead

Students often overlook the 'double majority' requirement. Active learning activities like mock referendums, where they must track both national and state votes, reinforce the complexity and the need for broad support across the federation.

Common Misconception

Referendums are easy to win if the idea is good.

What to Teach Instead

Historical case studies and simulated debates reveal the significant challenges in persuading a majority of voters and a majority of states. Analyzing campaign strategies and media coverage in active learning scenarios highlights the difficulty of achieving consensus.

Active Learning Ideas

Mock Referendum Debate: Constitutional Change

Divide students into groups to research and present arguments for and against a hypothetical constitutional amendment. Facilitate a class-wide debate followed by a simulated referendum vote, emphasizing the double majority rules.

60 min·Small Groups

Referendum Case Study Analysis

Assign small groups a historical referendum. Students research the proposed change, the arguments presented by both 'Yes' and 'No' campaigns, and the voting outcomes, including the double majority results.

50 min·Small Groups

Flowchart: The Referendum Process

Individually or in pairs, students create a visual flowchart detailing each step of the constitutional amendment process through a referendum, from proposal to final assent.

30 min·Pairs

Frequently Asked Questions

Why is the double majority needed to change the Australian Constitution?

The double majority protects the interests of smaller states and ensures that constitutional changes have broad support across the nation and within a majority of states. It reflects Australia's federal system, preventing a simple majority in populous states from imposing changes on less populated ones.

What are some examples of referendums that have tried to change the Constitution?

Notable referendums include those on conscription during World War I, proposals for national powers over corporations and industrial relations in the 1940s, and more recent attempts to alter the preamble or recognize local government. Many have failed to achieve the required double majority.

How does comparing Australian referendums to other countries help students?

Comparing Australia's referendum process with amendment procedures in other democracies, such as the United States or Switzerland, highlights different approaches to constitutional stability and democratic legitimacy. This comparison encourages critical thinking about the strengths and weaknesses of various systems.

How can role-playing improve understanding of referendums?

Role-playing a referendum campaign, where students take on the roles of politicians, campaigners, and voters, allows them to experience the persuasive tactics, the importance of public opinion, and the complexities of the double majority firsthand. This active engagement makes the abstract process more concrete and memorable.