1. Changing the Division of Law-Making Powers Under the Constitution
Constitutional Referendums

2. Changing the Division of Law-Making Powers
There are three ways in which the division  of law making powers in the Constitution can be changed:
a successful referendum, which changes  the words in the Constitution
High Court interpretation of the Constit ution, which changes the meaning of words in the Constitution
referral of powers from the states to the  Commonwealth Parliament, where law making powers are given to the Commonwealth by the states.

4. Double Majority

5. Double Majority

6. Successful referendums changing the division of power
Four referendums have changed the division of law-making power
State debts 1910
Extended the power of the Commonwealth Parliament to take over state debts incurred at any time
State debts 1928
Gave the Commonwealth Parliament power to set up a Loan Council responsible for allocating monies borrowed by governments
Social services 1946
Gave the Commonwealth Parliament power to make laws relating to social services (e.g. widow’s pensions, unemployment, pharmaceutical benefits, sickness and hospital benefits, family allowances)
Indigenous people 1967
Enabled the Commonwealth to enact laws for Indigenous people. Removed s127, which prohibited the counting of Indigenous people in the population

7. Factors affecting success of a referendum
Only 8 out of 44 referendums have been successful
Factors affecting likely success of a referendum:
Timing – usually timed with an election and so more interest in an election than a referendum
Requirement for double majority – very hard to achieve
Lack of bipartisan support – people vote according to party lines
Confusing information – information given to households beforehand can be lengthy and confusing
Voter conservatism – reluctance to change
Opposition in the community
Erosion of states’ rights
High cost of holding a referendum

8. The 1967 Referendum

9. Successful referendum changing the division of power: 1967 referendum

10. Evaluation of referendums
Strengths
Weaknesses
People have their say
Double majority protects smaller states
Protects the Constitution from being easily changed
Compulsory vote
Distrust and lack of understanding
Double majority hard to achieve
Voters are generally conservative
Normally requires bipartisan support
Timing
Cost