topic three - changing the constitution - referendums and rights under the constitution

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Last updated 5:50 AM on 6/3/26
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4 Terms

1
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how is the constitution changed

a bill passes parliament —> referendum held —> double majority required —> governor-general gives royal assent.

2
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what is the double majority requirement

  1. majority of voters nationwide

  2. majority of voters in at least 4 out of 6 states

both must vote YES for the referendum to pass

3
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what is the difference between express and implied rights

express rights: written directly in the constitution (e.g. S116 freedom of religion)

implied rights: not written, but interpreted by the high court (e.g. freedom of political communication)

4
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what is the implied freedom of political communication, and what limits apply

australians can discuss political matters freely so democracy can function.

limitations: cannot defame, incite violence, or break other valid laws. it is not a personal right - it only protects political communication