The Australian Constitution’s sole purpose is to set out a framework of Government. It does this by establishing the institutions of Government – the legislature, executive and judiciary – dividing powers between the Commonwealth and States and setting limits on these powers, specifying the relations between the two and finally, outlining the methods of altering the Constitution itself. The Constitution took a decade to draft, and was passed as an Act by British Parliament in July 1900. Since then, it has undergone very little changes and in recent decades many people have argued that a document written over one hundred years ago must be updated if it is to remain relevant to society today.

The changes suggested are wide and varied. The fact that the Constitution is an Act of British Parliament, despite the fact that the Australia Acts (1986) severed all legal ties with Britain, has been a large factor in the call for a Republic, along with suggestions of removing references to the Crown from the

Another issue of growing concern is Australia’s increasing multiculturalism and awareness of indigenous rights. Much debate has occurred over the wording and appropriateness of s51 (xxvi), which states the Government has the power to legislate over “the people of any race, for whom it is deemed necessary to make special laws” (s51 [xxvi]).. Thus far the Government has exercised this power only for legislation of benefit to such people, but it can still be argued that a rewording of the section to guarantee this would be appropriate. Also of concern is s25, referring to races which may be disqualified from voting by the State. As a result of the Racial Discrimination Act 1975 (Cth) no State could do this, however the fact that it implies it could be contemplated as seen by some as reason to repeal it (Nettheim 1997).

The Australian Constitution also has very few absolute individual rights, and even these only exist through interpretation. Although s51 (xxxi) ensures just compensation from any acquisition of property by the Commonwealth, it does not protect the individual from acquisition by the state, as evidenced in Tunnock v. the State of Victoria (1951) 84 CLR 42. S116 mostly guarantees freedom of religion, provided the law is not broken (Adelaide Company of Jehovah's Witnesses Inc. v Commonwealth (1943) 67 CLR 116). Finally, s92 guarantees an individual freedom from discrimination based on State. The lack of individual rights has prompted many to wonder whether Australia would not benefit from a Bill of Rights, perhaps based on the United States or Canadian model.

Constitution. Furthermore, when the draft of the Consti

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