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Why did there need to be a vote? (lemmy.world)

submitted 1 year ago by [email protected] to c/[email protected]

30 comments fedilink hide all child comments

If Anthony Albanese, current prime minister, is in support of and vowed to install the Indigenous Voice advisory board, why can't he just do it? He also made a comment beforehand that he would respect people's decision if they vote no, implying that he might be able to override it if he wanted to.

"the PM on Sunday said Labor would “respect the response of Australians next Saturday”.

“If Australians vote no, I don’t believe that it would be appropriate to then go and say, ‘Oh, well, you’ve had your say, but we’re going to legislate anyway’.”

I personally believe that what white Australians want is irrelevant to the fundamental rights that the original owners of this land deserve, and he should have just done it if he was able to.

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[–] [email protected] 34 points 1 year ago

The constitution has special legal status in Australia. Parliament cannot alter it the way they can normal laws. The constitution can only be changed by a referendum - which is vote by the whole nation. What parliament is allowed to do (not Albo individually, but by majority vote in parliament), is make laws under the constitution. So yes, parliament could pass a law that creates a voice. But the next government could then pass a law that cancels the voice. And so on. The idea of putting in the constitution was so that it would have more staying power. If it was in the constitution it could still be removed, but only by another referendum, because as per point A, constitution can only be changed by a referendum.