C:\Documents and Settings\Bukowan\Local Settings\Temporary Internet Files\OLK7\G Australian constitution - need to pdf.doc Do all countries have a Constitution? Most countries have a written Constitution setting out a structure of government for the management of their national affairs.  The Constitution of the United States of America was closely examined when Australia’s was being drafted; Canada, Germany, India, Japan are amongst other countries with a formal constitution.   Fiji’s Constitution was recently reviewed and in South Africa a new constitutional framework has been adopted following the abolition of apartheid. The United Kingdom, which was also a model looked at by the founding fathers of the federation, is a notable exception.  Its principles of government are found in unwritten common law, ordinary Acts of Parliament, judge made laws and ‘conventions’ of government.    How is the Constitution changed? It can only be amended with the approval of all Australian electors voting at a referendum (section 128). Any proposal for change must normally first be agreed to by an absolute majority of members in both Houses of the federal Parliament.  It is then submitted to a referendum no sooner than 2 and no later than 6 months after the proposal is passed by parliament.   Then a ‘double majority’ of electors must also agree: ? a national majority of electors in the States and Territories   and ? a majority of electors in a majority of the States (ie at least 4 of the 6 States). Since Federation, 43 proposed changes have been put to the Australian people. (The most recent was the referendum on whether Australia should become a republic held on 6/11/99). Only 8 proposals have been approved by a majority of voters: 1906 - the rotation of senators which enabled elections to be held for both Houses of Parliament at the same time 1910 - giving the Commonwealth parliament the authority to take over the States’ public debts   1928 - the enlargement of Commonwealth powers to make agreements with the States concerning their public debts and to set controls on borrowing by or for the States 1946 - allowing the Commonwealth to provide a wider range of social service benefits  1967 - amendment of section 51 and deletion of section 127 discriminating against the Aboriginal people 1977 - changes to three sections concerning the filling of casual senate vacancies, voting at referendums by Territorians and setting 70 as the retiring age for federal court judges. The future of our Constitution   - YOUR ROLE These Constitutional School Conventions are designed to encourage you to learn about the Constitution and discuss possible changes with your friends, school colleagues and family. Issues such as human rights, the role of the Prime Minister, Aboriginal reconciliation, the environment are not currently covered in our Constitution.  It will be up to you and all Australians to decide if these and other subjects should be included in the future or whether the Constitution should remain as it is. Remember - if the Constitution is to be ‘updated’ and you are 18 or over, an Australian citizen and on the electoral roll you can have your say - vote. Produced by the South Australian Schools Constitutional Convention Committee 2001 Printing arranged by the South Australian State Electoral Office  Australia’s Constitution What is a Constitution? A constitution is a set of rules for governing or managing the affairs of a country, State or any   organisation such as a basketball or football club.   Such rules may be based on tradition or, more commonly, written down in a formal document. What is the Australian or Federal Constitution? The Federal Constitution originated as a legal agreement under which the former Australian colonies came together as States in a single federation.  The Constitution sets out the principles under which the national government must operate.  It establishes: ? the structure for the federal system of government from Canberra   and ? the basis for relations between the central government in Canberra and the States. State Constitutions Each State has their own Constitution: the Territories have Self-Government Acts serving a similar function.   South Australia’s Constitution was passed in 1856.