Understanding Australia’s Referendum Process

Hello everyone, my name is Renato Costa, this is Aussie Law, and today we are going to look at the referendum process. What is it? What is the difference between a referendum and a plebiscite? And why is it important for the process of altering the Australian Constitution under Section 128? In my previous video... I talked about the process to amend the Australian Constitution. But I didn't mention it, and the Australian Constitution does not mention it either. What is the name of that process? Well, that voting process is called a referendum. The term referendum comes from the Latin, and it means to carry back. But today, it is employed to mean the confirmation, the ratification of a proposed amendment to the Constitution. As Professor Graham Moore says in this book right here, The Law of Politics, any popular vote for purposes other than electing fresh representatives can, in general terms, be called a referendum. So, when the electorate is voting a proposed law to amend the Constitution, it is voting in a referendum. The electors, the people, are saying if they agree or not, if they ratify or not the decision by both houses of parliament. That is why the electorate will only need to say yes or no in a referendum to change the Australian Constitution. It's a bit different from the ordinary voting systems that you're used to see. Although, and I must say this, Professor Graymoor has also argued that there's nothing to prevent a preferendum. That is, a multiple option or preferential vote in a referendum. By the way, The conduct of a referendum under section 128 of the Australian Constitution is prescribed in an act of the Commonwealth. The act is called the Referendum Machinery Provisions Act of 1984. I'll leave a link to this act in the description of this video. A referendum is a form of direct democracy. Direct democracy occurs when an individual or the people decide something that is politically or legally relevant for society by themselves, directly. There's no need for intermediaries. This is the sort of democracy that takes us back to the ancient Greece. Although not everyone could vote there, those who did voted directly in the agora. Today it's basically impossible to have that same sort of direct democracy in our everyday life. Imagine living in Australia with all this complex structure and still needing to decide each this political decision by yourself, independently of anyone, directly. For obvious reasons, this is impractical. And that's why we are more used to an indirect or representative democracy. A representative democracy occurs when our decision, the decision of the people, is mediated by parliamentarians. In fact, we could even argue that the referendum under section 128 of the Australian constitution is not even a pure form, a central case of direct democracy. And that's because the electorate cannot propose any amendments to the constitutions. The proposed amendment comes out of parliament. So, at least in this sense, the referendum in section 128 is sort of an imperfect form of direct democracy. Having said that, and telling you that it's impractical to have direct democracy in our world today, I'm thinking, What is your opinion about blockchain and its use in elections? Have you ever heard about that? Because there are some people that are saying that we can come back to a direct democracy by implementing certain technologies like the blockchain technology. What are your impressions on that? Do you have a formed opinion? If you do, leave a comment below because I would love to hear your thoughts about that, about the use of blockchain and are coming back as a society to having direct democracy. Well, coming back to our reality, another form of voting in a direct democracy is called plebiscite. Plebiscites are different from referendums because they are merely advisory. While a referendum has legal force, a plebiscite doesn't. I tend to remember the distinction between the two by using the following method. Referendum starts with an R. So it is about ratifying a decision. And a plebiscite starts with a B, so it is preliminary to the decision. Easy, right? One occurs before a decision is made, that's the plebiscite, to advise those who are going to make the decision. And the other occurs after a decision was made, that's a referendum, to confirm, to ratify and give binding force to that decision. But, watch out, Professor Gray-Moore also cautions us by saying that in everyday speech and even in legislation, the term referendum is often used compendiously. For example, the Queensland Referendum Act of 1997 calls referendum anything that is put by the Legislative Assembly to the people, whether it has a binding force or not. And he also says a government can turn a plebiscite into a referendum in political terms, at least, by pledging only to act if the proposal in question is approved. He says this was the case with certain governments in Australia, in matters related to daylight saving time, recycled water and secession. Finally, you should know that there are two types of referenda. Yes, the plural of referendum is either referendums or referenda. One type is purely legislative, but the other type is constitutional in nature. And that's the one that follows the process under section 128 of the federal constitution. By the way, Constitutional referenda is not only used to amend the Australian Constitution, it can also be used to change, to alter states'boundaries. That's the provision of section 123 of the Australian Constitution that finds echo in section 128. Take a look at it. No alteration diminishing the proportionate representation of any state in either House of 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 matter affecting the provisions of the Constitution in relation thereat shall become law unless the majority of the electors voting in that state approve the proposed law. So, as you can see, We can actually use referendum not only to alter the Australian Constitution under section 128 but also to alter the limits of the states according to section 123 and 128 of the Australian Constitution. Hey, don't forget to like this video and subscribe to our channel right now. And if you know someone who might like this video, also share it with them. In this video, I told you everything you need to know about referenda and plebiscite in their relationship with altering the Australian Constitution. I hope you liked it and I hope to see you again soon. Until then, ciao!

I talked about the process to amend the Australian Constitution. But I didn't mention it, and the Australian Constitution does not mention it either. What is the name of that process?

Well, that voting process is called a referendum. The term referendum comes from the Latin, and it means to carry back. But today, it is employed to mean the confirmation, the ratification of a proposed amendment to the Constitution. As Professor Graham Moore says in this book right here, The Law of Politics, any popular vote for purposes other than electing fresh representatives can, in general terms, be called a referendum. So, when the electorate is voting a proposed law to amend the Constitution, it is voting in a referendum.

The electors, the people, are saying if they agree or not, if they ratify or not the decision by both houses of parliament. That is why the electorate will only need to say yes or no in a referendum to change the Australian Constitution. It's a bit different from the ordinary voting systems that you're used to see. Although, and I must say this, Professor Graymoor has also argued that there's nothing to prevent a preferendum.

That is, a multiple option or preferential vote in a referendum. By the way, The conduct of a referendum under section 128 of the Australian Constitution is prescribed in an act of the Commonwealth. The act is called the Referendum Machinery Provisions Act of 1984. I'll leave a link to this act in the description of this video. A referendum is a form of direct democracy. Direct democracy occurs when an individual or the people decide something that is politically or legally relevant for society by themselves, directly.

There's no need for intermediaries. This is the sort of democracy that takes us back to the ancient Greece. Although not everyone could vote there, those who did voted directly in the agora.

Today it's basically impossible to have that same sort of direct democracy in our everyday life. Imagine living in Australia with all this complex structure and still needing to decide each this political decision by yourself, independently of anyone, directly. For obvious reasons, this is impractical.

And that's why we are more used to an indirect or representative democracy. A representative democracy occurs when our decision, the decision of the people, is mediated by parliamentarians. In fact, we could even argue that the referendum under section 128 of the Australian constitution is not even a pure form, a central case of direct democracy. And that's because the electorate cannot propose any amendments to the constitutions. The proposed amendment comes out of parliament.

So, at least in this sense, the referendum in section 128 is sort of an imperfect form of direct democracy. Having said that, and telling you that it's impractical to have direct democracy in our world today, I'm thinking, What is your opinion about blockchain and its use in elections? Have you ever heard about that?

Because there are some people that are saying that we can come back to a direct democracy by implementing certain technologies like the blockchain technology. What are your impressions on that? Do you have a formed opinion?

If you do, leave a comment below because I would love to hear your thoughts about that, about the use of blockchain and are coming back as a society to having direct democracy. Well, coming back to our reality, another form of voting in a direct democracy is called plebiscite. Plebiscites are different from referendums because they are merely advisory.

While a referendum has legal force, a plebiscite doesn't. I tend to remember the distinction between the two by using the following method. Referendum starts with an R. So it is about ratifying a decision. And a plebiscite starts with a B, so it is preliminary to the decision.

Easy, right? One occurs before a decision is made, that's the plebiscite, to advise those who are going to make the decision. And the other occurs after a decision was made, that's a referendum, to confirm, to ratify and give binding force to that decision.

But, watch out, Professor Gray-Moore also cautions us by saying that in everyday speech and even in legislation, the term referendum is often used compendiously. For example, the Queensland Referendum Act of 1997 calls referendum anything that is put by the Legislative Assembly to the people, whether it has a binding force or not. And he also says a government can turn a plebiscite into a referendum in political terms, at least, by pledging only to act if the proposal in question is approved.

He says this was the case with certain governments in Australia, in matters related to daylight saving time, recycled water and secession. Finally, you should know that there are two types of referenda. Yes, the plural of referendum is either referendums or referenda.

One type is purely legislative, but the other type is constitutional in nature. And that's the one that follows the process under section 128 of the federal constitution. By the way, Constitutional referenda is not only used to amend the Australian Constitution, it can also be used to change, to alter states'boundaries. That's the provision of section 123 of the Australian Constitution that finds echo in section 128. Take a look at it.

No alteration diminishing the proportionate representation of any state in either House of 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 matter affecting the provisions of the Constitution in relation thereat shall become law unless the majority of the electors voting in that state approve the proposed law. So, as you can see, We can actually use referendum not only to alter the Australian Constitution under section 128 but also to alter the limits of the states according to section 123 and 128 of the Australian Constitution. Hey, don't forget to like this video and subscribe to our channel right now. And if you know someone who might like this video, also share it with them.

In this video, I told you everything you need to know about referenda and plebiscite in their relationship with altering the Australian Constitution. I hope you liked it and I hope to see you again soon. Until then, ciao!

Transcript for:Understanding Australia’s Referendum Process

Transcript for:
Understanding Australia’s Referendum Process