Proposing Further Amendments to the Constitution

by John Pyke, Queensland candidate for the Constitutional Convention

As noted in Constitutional Alterations for a Real Republic, I believe that the proper approach here would be to amend section 128 to provide for CIR - Citizens Initiated Referenda. I haven't drafted provisions for that yet (or searched out the right precedent to copy them from) - but here is a draft which shows how we could easily provide for either House of Parliament to have a real power to propose amendments, without the agreement of the other one. All that would have to be changed is the one word shown in the strong font! [The amendments that we would be making anyway, if the head of state is to be called President, are shown in this font.]

Chapter VIII - Alteration Of The Constitution

128. This Constitution shall not be altered except in the following manner:-

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the President shall submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the President for certification that it has been properly passed.
[For the replacement of the power to "assent" to laws by a responsibility for certifying that laws have been properly passed, see Powers and Functions of the President.]

No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

In this section "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

Back to: Constitution Amendments for a Real Republic

Written by John Pyke, 8 November 1997