The need for reform of the Australian Constitution

Abstract

The Australian Constitution constitutes the ‘invisible architecture’ of government in Australia. Its provisions govern the structure, functions, and powers of the three arms of government (the legislature, executive and judiciary), as well as the interaction between the States and Territories and the Commonwealth. However, to reform our Constitution required a very convoluted procedure. Only eight of the forty-four referendum proposals that have been put to the Australian public since 1901 have been successful. In this paper we briefly canvass some examples of prominent constitutional debates including Indigenous rights, currently underway in Australian society and compares the methods of change in similar nations such as India, Canada, and the USA.