Necessity To Change Australian Constitution

The constitution is evidently not relevant to Australians in the 21st century. This is because the traditional owners are not recognised, and it includes multiple discriminatory clauses against races. Australia as a country had developed into a multicultural society and value equality so as the country changes, so should the Constitution.

Since January 1st, 1901, Australia’s Government has been a Federation. The Constitution, which is a set of laws to guide a country or state, created a Federal system Government. Federation is the concept in which the 6 states bond to form one commonwealth of Australia. The Constitution outlines the boundaries of law-making controls between the Commonwealth and the States/Territories. The Constitution cannot be changed by the parliament alone apart from some specified laws. To change the Constitution, a majority vote of the electors of the Commonwealth, and of the electors in a majority of the States, at a referendum is required. A referendum is when all the people in a country are asked to vote on their opinion to decide an important political decision. Australia also has a bicameral parliament. This means that our government includes the Queen, the Senate, and the House of Representatives.

The Constitution should be changed as it includes discriminatory clauses against races. This is evident in section 51, as it states – “The people of any race for whom it is deemed necessary to make special laws”. This means that although laws could be made to better equality in Australia, the Australian Constitution permits the Commonwealth Parliament to realistically pass laws that are racially discriminatory. Act 25 also contributes to an unfair Constitution as it states – ‘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’. This considers disqualifying people from voting based on their race.

The Constitution is also irrelevant to Australian society as it does not acknowledge the traditional owners. When the Constitution was being drafted, Aboriginal and Torres Strait Islander peoples were excluded from the discussions concerning the creation of a new nation to be situated on their Ancestral lands and waters. ‘As a nation, have we done all we can to displace the myth of Terra Nullius? While we have acknowledged the native title rights of traditional owners, our nation’s founding legal document — the Constitution of Australia — still fails to recognise the presence of Aboriginal and Torres Strait Islander people prior to settlement.’ This quote from an Indigenous Australian leader shows that the traditional owners themselves want to be recognised.

The Constitution is not applicable to Australian society today as it includes racially discriminatory clauses. The preferred change is to remove both acts 25 and 51. Removing racist clauses from the Constitution will make Australia a more just society. A downside to this change is that the government may not have the money. On the contrary, this change is essential in making Australia a united country and making sure that everyone is equal.

The Constitution is additionally not suitable for today’s Australian society as it does not acknowledge the traditional owners of the land. The change to the Constitution that would best solve this is as the addition of a preamble which is an introduction to the constitution. Recognising the Indigenous Australians in a preamble will better the inclusion of the whole country and give them the recognition that they deserve. A negative to this change is that people may think that they will get an unfair advantage. Recognising the Indigenous Australians does not discriminate and will not give any other Australians a disadvantage. This change would build stronger relationships between Australia as a whole. It will also respect the Indigenous Australians.

Therefore, the Australian Constitution should change to better accommodate Australian society in the 21st century. Sections 25 and 51 should be removed as they are racially discriminatory. A preamble should also be added to acknowledge the traditional owners of the land.