1974 Australian referendum (Mode of Altering the Constitution)

The 1974 Australian referendum, focusing on the "Mode of Altering the Constitution," was a proposal to amend Section 128 of the Australian Constitution, which outlines the process for constitutional amendment. This section requires a bill to pass both houses of Parliament, be submitted to a referendum of the electors in each state and territory, and receive a majority of votes nationally and a majority of votes in a majority of states (currently four out of six).

The proposed amendment sought to address perceived difficulties and complexities in the amendment process. Specifically, it aimed to make it easier to amend the Constitution by altering the requirements for a successful referendum.

The main changes proposed were to:

• Potentially allow for a national majority vote to be sufficient for amendment, even if a majority of states did not approve. This was intended to overcome situations where a significant portion of the population favoured a change but was blocked by a smaller number of voters in other states.
• Modify or clarify the role of territories in the referendum process.

The arguments in favour of the amendment centered on the idea that it would make the Constitution more adaptable to changing societal needs and prevent a small minority of voters from blocking reforms desired by the majority. Supporters argued that it would modernize the amendment process and make it more responsive to the will of the people.

Opponents argued that the proposed changes would undermine the federal nature of Australia, giving too much power to the Commonwealth government at the expense of the states. They believed that the existing safeguards in Section 128 were necessary to protect the interests of smaller states and prevent the Constitution from being easily altered without broad consensus. Concerns were raised about the potential for larger, more populous states to dominate the amendment process, disregarding the interests of less populous states.

Ultimately, the proposed amendment was defeated. It failed to achieve a national majority of votes and also failed to secure a majority in a majority of states, indicating a lack of broad support across the Australian electorate. The result demonstrated the difficulty of altering the Australian Constitution, highlighting the inherent conservatism and the strength of the federal principles embedded within the amendment process. The failure also reinforced the importance of achieving broad consensus among both the states and the Australian population before attempting constitutional reform.