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Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility

by Shiyao Wang 1
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EMGBS  2025 4(1):19; https://doi.org/10.69610/j.emgbs.20250131
Received: / Accepted: / Published Online: 31 January 2025
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Abstract

This essay examines the claim that the Australian Constitution is too difficult to amend by comparing it with the German Constitution (Basic Law). The Australian Constitution, enacted in 1901, requires a double majority in both national and state referenda, making the amendment process complex and challenging. In contrast, Germany's Basic Law allows amendments through a two-thirds majority in both houses of Parliament, presenting a more flexible and efficient model. By evaluating both constitutional frameworks, the essay argues that while the Australian process ensures broad support for changes, it also limits the ability to adapt to evolving societal needs. On the other hand, Germany's amendment procedure offers a more responsive and dynamic approach, allowing for constitutional changes that reflect modern developments. The comparison underscores the potential benefits of a more adaptable amendment process, suggesting that the rigidity of the Australian Constitution may impede necessary reforms.

Keywords: Constitutional amendment; Australian Constitution; German Basic Law.;
Copyright: © 2025 by Wang. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY) (Creative Commons Attribution 4.0 International License). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
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APA Style
Wang, S. (2025). Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies, 4(1), 19. doi:10.69610/j.emgbs.20250131
ACS Style
Wang, S. Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies, 2025, 4, 19. doi:10.69610/j.emgbs.20250131
AMA Style
Wang S. Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies; 2025, 4(1):19. doi:10.69610/j.emgbs.20250131
Chicago/Turabian Style
Wang, Shiyao 2025. "Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility" Economic Management & Global Business Studies 4, no.1:19. doi:10.69610/j.emgbs.20250131

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ACS Style
Wang, S. Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies, 2025, 4, 19. doi:10.69610/j.emgbs.20250131
AMA Style
Wang S. Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies; 2025, 4(1):19. doi:10.69610/j.emgbs.20250131
Chicago/Turabian Style
Wang, Shiyao 2025. "Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility" Economic Management & Global Business Studies 4, no.1:19. doi:10.69610/j.emgbs.20250131
APA style
Wang, S. (2025). Challenges and Comparisons The Rigidity of the Australian Constitution and Lessons from Germany's Flexibility. Economic Management & Global Business Studies, 4(1), 19. doi:10.69610/j.emgbs.20250131

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References

  1. Kemal Gözler, Judicial Review of Constitutional Amendments: A Comparative Study (Bursa: Ekin Press, 2008) 126.
  2. Constitution of Australia, 1900, sec 128
  3. International Journal of Constitutional Law, Title" (2016) 14(2) 411
  4. Sachar, 'Program for the Study of Germany and Europe Working Paper No. 9.3: The Grundgesetz After 50 Years: Analyzing Changes in the German Constitution' .(2006), p. 60
  5. [Harry Hobbs and Andrew Trotter, "Constitutional Conventions and Change: Making Sense of Multiple Intentions'(2017)]
  6. Werner Reutter and Astrid Lorenz, 'Explaining the Frequency of Constitutional Change in the German "Länder": Institutional and Party Factors' (2010)