A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether in population counts for constitutional purposes to include all Indigenous Australians. The term "the Aboriginal Race" was used in the question.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. The term is commonly used in reference to a constitutional referendum which is legally required to make a change to the Constitution of Australia.
The Australian republic referendum held on 6 November 1999 was a two-question referendum to amend the Constitution of Australia. The first question asked whether Australia should become a republic with a President appointed by Parliament following a bi-partisan appointment model which had been approved by a half-elected, half-appointed Constitutional Convention held in Canberra in February 1998. The second question, generally deemed to be far less important politically, asked whether Australia should alter the Constitution to insert a preamble acknowledging indigenous ownership prior to European arrival. For some years opinion polls had suggested that a majority of the electorate favoured a republic. Nonetheless, the republic referendum was defeated, in large part due to division among republicans on the method proposed for selection of the president.
The Constitution Alteration Bill 1947, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth power to make laws with respect to rents and prices. It was put to voters for approval in an Australian referendum held on 29 May 1948.
The Constitution Alteration (Referendums) Bill 1977 was an Australian referendum held in 1977 in which electors approved an amendment to the Australian constitution to allow electors in the Australian territories to vote at referendums. Electors in the territories were to be counted towards the national total, but would not be counted toward any state total.
The Constitution Alteration Bill 1946, was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions. It was carried and inserted into section 51 of the Australian Constitution.
The Constitution Alteration Bill 1912, was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to extend Commonwealth legislative power in respect to trade and commerce.
The Constitution Alteration (Marketing) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to ensure that the Commonwealth could continue legislative schemes for the marketing of agricultural produce such as the quota for dried fruits. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth power to make laws regulating employment in industry. It was put to voters for approval in a referendum held on 28 September 1946. The proposals was narrowly rejected, with a minority of 1.80% in the fourth state, South Australia.
The Constitution Alteration Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth explicit power to make laws for the organised marketing of primary products and to exempt it from the freedom of interstate trade requirement of section 92 of the constitution. It was put to voters for approval in a referendum held on 28 September 1946.
The Constitution Alteration Bill 1974, was an unsuccessful proposal to alter the Australian Constitution to make it easier to amend the constitution and give voters in the Australian territories the right to vote in referendums. It was put to voters for approval in a referendum held on 18 May 1974.
The Constitution Alteration Bill 1977, was an unsuccessful proposal to alter the Australian Constitution to enable simultaneous elections for the House of Representatives and the Senate. It was put to voters for approval in a referendum held on 21 May 1977.
R v Burgess; Ex parte Henry, is a High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention.
Airlines of New South Wales Pty Ltd v New South Wales , was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power. It was held that intrastate air navigation can be regulated to the extent that it provides for the safety of, or prevention of physical interference with, interstate or foreign air navigation.
The Constitution of Australia is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts: the executive, legislature, and judiciary.
Section 92 of the Constitution of Australia, as far as is still relevant today is:
... trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
Section 25 of the Constitution of Australia is a provision of the Constitution of Australia headed "Provision as to races disqualified from voting" and providing that "For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted."
The Constitution Alteration Bill 1988, was an unsuccessful proposal to alter the Australian Constitution to enshrine various civil rights, namely freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property. It was put to voters for approval in a referendum held on 3 September 1988.
