11.6 The requirement for a double majority in a referendum

Question 1

What is a referendum?

Answer 1

The method used for changing the wording of the Australian Constitution.

A referendum requires a proposal to be approved by the Australian people in a public vote by a double majority

Question 2

What is the process of a referendum before the double majority provision?

Answer 2

A referendum outlining the proposed change is put to the people between 2-6 months after being passed by both houses of the Commonwealth Parliament (or one house twice)

Question 3

What is the process of the double majority?

Answer 3

For a referendum to be successful, voters must answer yes to the question asked:
- the majority of voters in the whole of Australia
- the majority voters in a majority of states (4 out of 6 states)

Question 4

What is the process after a double majority vote?

Answer 4

The referendum is presented to the Governor-general for royal assent

Question 5

What are the strengths of the double majority referendum?

Answer 5

• Section 128 allows the public to refuse the support of a proposed change
• the double majority is strict and difficult to achieve
• double majority protects smaller states
• vote is compulsory so it gives power to the people
• the process is lengthy and requires information to go to the voters

Question 6

What are the weaknesses of the double majority referendum?

Answer 6

• proposal may be too complex for the public, making them vote no out of fear
• difficult to achieve
• time-consuming and costly
• referendum proposes an increase in Commonwealth Parliament power
• can appear undemocratic as there can be a majority of voters in the nation but not out of the states

Question 7

What section of the Constitution protects the double majority referendum?

Answer 7

Section 128