Worth Talking About?: Modest Constitutional Amendment and Citizen Deliberation in Australia

(2013) 12(4) Election Law Journal 524

UNSW Law Research Paper No. 2016-69

17 Pages Posted: 13 Sep 2016 Last revised: 17 Oct 2016

See all articles by Paul Kildea

Paul Kildea

University of New South Wales

Date Written: 2013

Abstract

This article examines the feasibility of popular deliberation in relation to proposals for modest constitutional amendment. Much of the literature on deliberation and constitutional referendums focuses on major constitutional reform issues which, by their nature, raise broad questions about democracy or national identity which are likely to have popular appeal. Examples include proposals for electoral reform and the Australian republic debate. In Australia, however, it is often the case that referendums will be held on matters that are relatively narrow and technical, often concerning the machinery of government. The proposal to give financial recognition to local government, widely discussed during the 2010-13 federal parliamentary term, falls into this category. This article argues that proposals for modest constitutional amendment pose particular challenges for proponents of citizen participation and deliberation. It contends that they attract little public interest, which in turn discourages governments and media organizations from devoting resources to initiatives and coverage that might support public awareness, learning, and participation. The article also argues that modest reforms will often not be suitable as subjects of a deliberative micro-forum. The article then considers the implications of this analysis for the design of referendum process in Australia, and argues that a robust legal and institutional framework is essential to fostering deliberative ideals with respect to modest amendments.

Keywords: Referendum, Deliberative Democracy, Constitutional Reform

Suggested Citation

Kildea, Paul, Worth Talking About?: Modest Constitutional Amendment and Citizen Deliberation in Australia (2013). (2013) 12(4) Election Law Journal 524, UNSW Law Research Paper No. 2016-69, Available at SSRN: https://ssrn.com/abstract=2837456

Paul Kildea (Contact Author)

University of New South Wales ( email )

Faculty of Law
University of New South Wales
Sydney, NSW 2052
Australia

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