Explain the referendum process under section 128 and analyse why so few referendums succeed.

What this dot point is asking

You must explain the section 128 process step by step, define the double majority, and analyse why referendums so often fail. Use accurate numbers.

The section 128 process

Section 128 sets out the only way to alter the words of the Constitution. The steps are:

1. Parliament. A proposed law to alter the Constitution must be passed by both houses of the Commonwealth Parliament (or, in limited circumstances, by one house twice).
2. Public vote. Between two and six months later, the proposal is put to all electors at a referendum.
3. Double majority. The proposal must achieve a double majority to succeed.
4. Royal assent. If the double majority is achieved, the Governor-General gives assent and the Constitution is changed.

The record of referendums

Since federation in 1901, voters have considered many proposals and approved only a small number of them. The most recent, the 2023 referendum on an Aboriginal and Torres Strait Islander Voice to Parliament, was not approved: it failed to gain a national majority and did not carry any state. This continued the long pattern of referendums failing.

Why most referendums fail

Strong answers analyse the reasons, which usually combine the following.

• The double majority is demanding. A proposal can win a national majority yet still fail because it does not carry four states. Smaller states can block changes favoured by the larger states.
• Lack of bipartisan support. Referendums that lack support from both major parties almost always fail. When one side campaigns against a proposal, voters tend to vote no.
• Voter caution and the no case. Voters often default to no when uncertain. The slogan idea that if you do not know, vote no captures this. Fear of unintended consequences favours the status quo.
• Complexity and poor understanding. If voters do not understand the change or its effects, they are reluctant to approve it.
• Distrust of giving more power. Many proposals to expand Commonwealth power have failed because voters are wary of central government gaining more control.

Plebiscites are different

A plebiscite is a national vote on a question that does not change the Constitution and does not bind the government. The same-sex marriage postal survey in 2017 was a voluntary survey, not a referendum: the Constitution was not being changed, so section 128 did not apply, and parliament then legislated. Knowing this distinction shows precision.

Why this matters

The difficulty of formal change explains a central theme of constitutional government in Australia: because the words almost never change, the High Court's interpretation of the existing words carries enormous weight. The two dot points are linked. A rigid amendment process plus a flexible interpreter together determine how the Constitution evolves in practice.