Is the Judiciary part of the process to change the Constitution?

The High Court of Australia and other federal courts do not have any role in changing the Australian Constitution. The role of the Judiciary is to interpret laws made by Parliament and judge if laws are consistent – valid – with the Constitution.

It is the Australian people who decide if the Constitution should be changed. The Australian Parliament puts forward a proposed change in the form of a bill – proposed law – and then Australians vote on the change in a referendum. The Australian Electoral Commission (AEC) is responsible for running referendums.

The Australian High Court in session with judges sitting at a long table and lawyers sitting at another table facing them.

The High Court of Australia.

DPS Auspic

The High Court of Australia.

The Australian High Court in session with judges sitting at a long table and lawyers sitting at another table facing them.

DPS Auspic

Description

The image shows a large semi circular desk atop a small raise at the end of the room. Seven figures in black (High Court judges) with papers in front of them sit at this long desk. In front of them on the floor is an opposite curved desk with many figures in black with many papers in front of them. Smaller desks sit in rows behind.