Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Frozen continent

By George Williams - posted Wednesday, 2 April 2008


Australia's non-Labor parties have had greater success at referendums, with seven "yes" votes out of 19 attempts. The last successful vote was put by the Fraser government in 1977, when the constitution was amended to provide for Senate vacancies to be filled by a person of the same party, allow people in the territories to vote in referendums and set a retirement age of 70 years for High Court judges.

The 31 years since 1977 is the longest period Australia has gone without any change to the constitution (the next longest period was 21 years between 1946 and 1967). The next attempt to break the drought may be a referendum on fixed four-year terms. The Rudd Government has earmarked $27 million for this over 2010-11. All of the states and territories have four-year electoral terms except Queensland and the Australian Capital Territory, which, like the federal government, go to the polls about every three years.

While the Opposition Leader, Brendan Nelson, says he is "disposed towards" four-year terms, the Coalition has yet to make any commitment, and is likely to disagree with any notion that the term should be fixed. There is also the possibility that minor parties will campaign against the idea because of how it will affect the Senate.

Advertisement

Senators serve two electoral cycles, or six years, with half the Senate being elected at each poll. They will either need to have their terms increased to eight years to maintain this approach, or reduced to four years, with all senators elected at each national election. The former would be a hard sell given that it would mean politicians serving close to a decade without re-election, while the latter would be opposed by people who do not want the entire Senate chosen at each federal poll.

Another early option for the Rudd Government would be to hold a referendum on federalism to fix a problem identified by the High Court in 1999.

It is a technical flaw in the constitution that prevents co-operation between federal and state governments, such as cases being heard interchangeably by federal and state courts and areas of law having a single national regulator. It stands in the way of consistent, harmonised laws and policies across Australia in areas such as family law, business regulation and new fields such as genetic technology.

Fixing this would not give governments more power, but would allow them to work together more effectively using existing powers. The proposal has had bipartisan support at all levels of government, as well as the backing of business and other lobby groups, for some years. While the Howard government supported the idea, it never got around to doing anything about it, and in the meantime co-operation faltered and costly "work arounds" evolved. While this change may be more "dry" than fixed four-year terms, it may have a greater chance of building the support needed for success at the ballot box.

The challenge for Rudd is to overcome the legal and political hurdles that have frustrated all but one of the reforms of his Labor predecessors. In particular, unless he can achieve bipartisan support for his goals, history demonstrates that his chances of success are extremely low.

It would take something truly extraordinary for the Rudd Government to win a referendum on constitutional change in the face of determined political opposition.

  1. Pages:
  2. 1
  3. Page 2
  4. All

First published in The Sydney Morning Herald on March 29, 2008.



Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

6 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

Other articles by this Author

All articles by George Williams

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of George Williams
Article Tools
Comment 6 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy